LICHTER FOUNDATION, INC. v. WELCH

No. 13613.

269 F.2d 142 (1959)

LICHTER FOUNDATION, INC., Appellant, v. Russell A. WELCH, Collector of Internal Revenue, Appellee.

United States Court of Appeals Sixth Circuit.

July 10, 1959.


Attorney(s) appearing for the Case

Charles H. Tobias, Jr., Cincinnati, Ohio, Steer, Strauss & Adair, Paul W. Steer, Cincinnati, Ohio, on brief, for appellant.

David O. Walter, Washington, D. C., Charles K. Rice, Joseph F. Goetten, A. F. Prescott, George F. Lynch, Washington, D. C., Hugh K. Martin, Richard H. Pennington, Cincinnati, Ohio, on brief, for appellee.

Before McALLISTER and MILLER, Circuit Judges, and SHELBOURNE, District Judge.


SHACKELFORD MILLER, Jr., Circuit Judge.

This case was originally a suit for a tax refund against the defendant-appellee Welch in his capacity as Collector of Internal Revenue. The District Court denied the refund, from which ruling the taxpayer plaintiff-appellant appealed. This Court reversed the judgment of the District Court and held that appellant was entitled to the refund sought. The case was remanded to the District...

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