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STRATTON GRAIN COMPANY v. REISIMER

Nos. 12629, 12630.

272 F.2d 864 (1959)

STRATTON GRAIN COMPANY, a corporation, Plaintiff-Appellee, v. George REISIMER, and Joseph J. O'Day, Executor of Will of Frank J. Kuhl, deceased, Defendants-Appellants. STRATTON GRAIN COMPANY, a corporation, Plaintiff-Appellant, v. George REISIMER, Joseph J. O'Day, Executor of Will of Frank J. Kuhl, deceased; and United States of America, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

December 17, 1959.

Attorney(s) appearing for the Case

Elwin J. Zarwell, Bernard V. Brady, John T. Harrington, Milwaukee, Wis., for plaintiff-appellee, Wood, Brady, Tyrrell & Bruce, Milwaukee, Wis., of counsel.

Charles K. Rice, Asst. Atty. Gen., David O. Walter, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Edward G. Minor, U. S. Atty., Francis L. McElligott, Asst. U. S. Atty., Milwaukee, Wis., for George Reisimer.

Before SCHNACKENBERG, PARKINSON, and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff brought suit to recover excess profits tax and interest in the sum of $144,986.25, plus statutory interest, which plaintiff had paid for the fiscal years ending May 31, 1942, through May 31, 1946.

All facts, including jurisdiction, were stipulated. These are set out in the opinion of the distinguished District Judge in Stratton Grain Co. v. Reisimer, 1958, 165 F.Supp. 915.

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