HERLIHY MID-CONTINENT CO. v. NORTHERN IND. PUB. SERV. CO.

No. 11922.

245 F.2d 440 (1957)

HERLIHY MID-CONTINENT COMPANY, Plaintiff-Appellee, v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 23, 1957.


Attorney(s) appearing for the Case

Edwin H. Friedrich, R. Stanley Anderson, Edmund A. Schroer, Hammond, Ind., Lawyer, Friedrich, Petrie & Tweedle, Hammond, Ind., of counsel, for appellant.

Martin J. McNally, Chicago, Ill., Thomas D. Nash, Jr., Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Plaintiff sued to recover, under the terms of certain contracts, amounts exacted from and paid by it under the Indiana Gross Income Tax Law. Burns' Indiana Stats. §§ 64-2602, 64-2603(g). The cause, tried by the court without a jury, resulted in judgment for plaintiff in the sum of $31,529.55.

Multiple construction contracts were consummated between the parties wherein plaintiff, a building contractor, agreed to perform certain...

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