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DRAGON CEMENT COMPANY v. UNITED STATES

No. 5186.

244 F.2d 513 (1957)

DRAGON CEMENT COMPANY, Inc., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

May 14, 1957.

Attorney(s) appearing for the Case

Joseph B. Brennan, Atlanta, Ga., with whom Frederic A. Collins, New York City, Edward C. Thayer, Boston, Mass., and Joseph B. Campbell, Augusta, Me., were on brief, for appellant.

Gerard J. O'Brien, Atty., Dept. of Justice, Washington, D. C., with whom Charles K. Rice, Asst. Atty. Gen., Hilbert P. Zarky and Sheldon I. Fink, Attys., Dept. of Justice, Washington, D. C., and Peter Mills, U. S. Atty., Portland, Me., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

Appellant, a Maine corporation, in its capacity as successor (by merger effective November 30, 1951) to Lawrence Portland Cement Company, a Pennsylvania corporation, brought this action in the United States District Court for the District of Maine, seeking recovery of federal income and excess profits taxes for the period January 1 to November 30, 1951, in the amount of $483,522.19, with interest. The facts were not in dispute and were recited...

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