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EMPIRE ORDNANCE CORPORATION v. HARRINGTON

No. 13786.

249 F.2d 680 (1957)

EMPIRE ORDNANCE CORPORATION et al., Appellants, v. Russell C. HARRINGTON, Internal Revenue Service, Robert B. Anderson, U. S. Treasury Department, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided October 17, 1957.

Attorney(s) appearing for the Case

Messrs. John L. Ingoldsby, Jr., and Frederick R. Tansill, Washington, D. C., with whom Mr. Patrick J. Head, Washington, D. C., was on the brief, for appellants.

Mr. Richard M. Roberts, Atty., Dept. of Justice, for appellees. Asst. Atty. Gen., Charles K. Rice, and Messrs. Oliver Gasch, U. S. Atty., Ellis N. Slack, Robert N. Anderson and Joseph F. Goetten, Attys., Dept. of Justice, were on the brief, for appellees. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellees.

Before EDGERTON, Chief Judge, and WASHINGTON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal from an order of the District Court dismissing the complaint with prejudice, and discharging the rule to show cause which had been issued. Empire Ordnance Corporation (hereinafter called Empire) and Pencoyd Realty Co. (hereinafter called Pencoyd) are corporations organized under the laws of the State of Delaware. Pencoyd is a wholly owned subsidiary of Empire.

The record discloses that on February 5, 1948, the Commissioner...

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