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CORY CORPORATION v. SAUBER

No. 12479.

266 F.2d 58 (1959)

CORY CORPORATION and Mitchell Manufacturing Company, Delaware corporations, Plaintiffs-Appellees, v. Ernest J. SAUBER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 26, 1959.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Grant W. Wiprud, Lee A. Jackson, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Donald S. Lowitz, Asst. U. S. Atty., Robert Tieken, U. S. Atty., Chicago, Ill., for appellant.

Edwin A. Rothschild, Stanford Clinton, Sidney M. Perlstadt, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

These are consolidated suits for refunds of excise taxes collected on sales effected in 1954 and 1955, in which the district court ruled that taxpayer Cory Corporation1 is entitled to the refunds sought. From a judgment entered accordingly, defendant2 appealed. Summarized, the material facts as found by the district court are now stated.

Cory and Mitchell Manufacturing...

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