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A. D. JUILLIARD & CO. v. JOHNSON

No. 335, Docket 24931.

259 F.2d 837 (1958)

A. D. JUILLIARD & CO., Inc., Plaintiff-Appellant, v. James W. JOHNSON, Collector of Internal Revenue for the Third District of New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 29, 1958.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City, and Steptoe & Johnson, Washington, D. C. (Stephen Ailes and William C. Hill, Washington, D. C., and Martin D. Eile, New York City, of counsel), for appellant.

Paul W. Williams, U. S. Atty., South ern Dist. of New York, New York City (John S. Clark, Myra Schubin, New York City, Asst. U. S. Attys., of counsel), for appellee.

Before HINCKS and WATERMAN, Circuit Judges, and RYAN, District Judge.

RYAN, District Judge.

Juilliard & Co., appellant taxpayer, filed suit in the District Court seeking a refund of excess profits taxes assessed and paid by it for the calendar year 1943 (Sec. 3772, Title 26 U.S.C. and Sec. 1340, Title 28 U.S.C.). Judge Leibell after trial without a jury gave judgment dismissing the complaint upon the merits.

Judge Leibell, as has been his custom, filed carefully prepared full and...

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