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UNITED STATES GYPSUM COMPANY v. UNITED STATES

No. 12184.

253 F.2d 738 (1958)

UNITED STATES GYPSUM COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 10, 1958.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., Charles K. Rice, Asst. Atty. Gen., Sheldon I. Fink, Lee A. Jackson, Harry Baum, Attorneys, Department of Justice, Washington, D. C., Donald S. Lowitz, Asst. U. S. Atty., Chicago, Ill., for appellant.

Charles M. Price, Chicago, Ill., Robert M. Gunn, Chicago, Ill., MacLeish, Spray, Price & Underwood, Chicago, Ill., of counsel, for appellee.

Before HASTINGS and PARKINSON, Circuit Judges, and WHAM, District Judge.

WHAM, District Judge.

The appeal herein is by the United States of America from the decision of the United States District Court wherein United States Gypsum Company, hereinafter referred to as "taxpayer", recovered a judgment for income and excess profits taxes paid, with interest, for the year ending December 31, 1951.

The taxpayer is engaged in mining and processing gypsum, which is a natural mineral chemically described as CaSO4...

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