UNITED STATES of America, Appellant,
v.
MERRY BROTHERS BRICK AND TILE COMPANY, Appellee.
UNITED STATES of America, Appellant,
v.
RELIANCE CLAY PRODUCTS COMPANY, Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
March 27, 1957.
March 27, 1957.
Attorney(s) appearing for the Case
No. 16373:
Gerard J. O'Brien, Atty., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, Lee A. Jackson, Hilbert P. Zarky, Sheldon I. Fink, Attys., Dept. of Justice, Washington, D. C., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellant.
Joseph B. Brennan, Atlanta, Ga., William M. Fulcher, Augusta, Ga., Fulcher, Fulcher, Hagler & Harper, Augusta, Ga., of counsel, for appellee.
No. 16323:
Gerard J. O'Brien, Sheldon I. Fink, Hilbert P. Zarky, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., John N. Stull, Acting Asst. Atty. Gen., Dept. of Justice, Robert N. Anderson, Atty., Dept. of Justice, Washington, D. C., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Heard L. Floore, U. S. Atty., Ft. Worth, Tex., for appellant.
Joseph B. Brennan, Atlanta, Ga., Lon Sailers, George S. Terry, Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex., for appellee, Reliance Clay Products Co.
Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.
United States Court of Appeals Fifth Circuit.
HUTCHESON, Chief Judge.
These appeals from judgments of the United States District Court for the Southern and Northern Districts of Georgia1 and Texas,2 respectively, involve claims for refund of income and excess profits taxes. They present on the same basic facts the same basic question, and have therefore been submitted and argued together.
This question is whether this court will depart from its...
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