STRATTON GRAIN COMPANY v. GEORGE REISIMER

Civ. A. No. 55-C-2.

165 F.Supp. 915 (1958)

STRATTON GRAIN COMPANY, a corporation, Plaintiff, v. GEORGE REISIMER, and Joseph J. O'Day, Executor of the Will of Frank J. Kuhl, Deceased, Defendants.

United States District Court E. D. Wisconsin.

July 8, 1958.


Attorney(s) appearing for the Case

Bernard V. Brady, J. T. Harrington and E. J. Zarwell, Milwaukee, Wis., for plaintiff.

Edward G. Minor, U. S. Atty., Francis L. McElligott, Asst. U. S. Atty., Milwaukee, Wis., Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe and David W. Richter, Dept. of Justice, Washington, D. C., for defendant.


TEHAN, Circuit Judge.

The plaintiff, Stratton Grain Company, a Delaware corporation, with its principal office in Milwaukee, Wisconsin, is suing for the recovery of an excess profits tax and interest in the total sum of $144,986.25, plus statutory interest thereon, paid by it for the fiscal years ending May 31, 1942 through May 31, 1946. All facts, including jurisdiction, have been completely stipulated by the parties.

In 1935, the plaintiff was incorporated...

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