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BUDD COMPANY v. UNITED STATES

No. 12304.

252 F.2d 456 (1957)

BUDD COMPANY v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Decided November 27, 1957.

Attorney(s) appearing for the Case

Harold K. Wood, U. S. Atty., Allen J. Swotes, Asst. U. S. Atty., Philadelphia, Pa. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys. Dept. of Justice, Washington, D. C., on the brief), for appellant.

Drinker Biddle & Reath, Philadelphia, Pa. (Calvin H. Rankin, James J. Cloran, Ernest L. Nagy, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

The Budd Company, a Pennsylvania corporation, seeks in this action to recover 1947 income tax which it has paid and for which a claim for refund was filed in the amount of $2,796,918.28 including interest. The plaintiff was successful in the trial court (D.C.E.D.Pa.1957, 148 F.Supp. 792), and the United States appeals.

The facts present no difficulty, except to understand their significance. Indeed...

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