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RAHR MALTING COMPANY v. UNITED STATES

Civ. A. No. 56-C-85.

157 F.Supp. 803 (1957)

RAHR MALTING COMPANY, a Wisconsin corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

December 16, 1957.

Attorney(s) appearing for the Case

Frederic Sammond and Donald S. Buzard, Milwaukee, Wis., Fairchild, Foley & Sammond, Milwaukee, Wis., of counsel, for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland and Ernest C. Friesen, Jr., Attys., Dept. of Justice, Washington, D. C., Edward G. Minor, U. S. Atty., and Francis L. McElligott, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

GRUBB, District Judge.

Action by plaintiff, a taxpayer, hereinafter called "Rahr", for a refund of excess-profits tax allegedly erroneously assessed and collected.

Basically this case presents two questions: First, was the excess-profits tax in question erroneously assessed and collected? And, second, if the first question is answered in the affirmative, was the claim for refund filed within the time allowed by...

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