LAKE ERIE ENGINEERING CORPORATION, Plaintiff-Appellant,
v.
George T. McGOWAN, Collector of Internal Revenue, Defendant-Appellee.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued May 6, 1959.
Decided June 22, 1959.
Attorney(s) appearing for the Case
Alfred A. Buerger of Buerger & O'Connor, Buffalo, N. Y. (Frisbee J. Fuller, Buffalo, N. Y., on the brief), for plaintiff-appellant.
Joseph Kovner, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Harry Baum, Attys., Dept. of Justice, Washington, D. C., and John O. Henderson, U. S. Atty., W. D. N. Y., Buffalo, N. Y., on the brief), for defendant-appellee.
Before CLARK, Chief Judge, and L. HAND and WATERMAN, Circuit Judges.
United States Court of Appeals Second Circuit.
CLARK, Chief Judge.
This is an appeal from a decision of Judge Morgan, D.C.W.D.N.Y., 162 F.Supp. 176, denying the claims of Lake Erie Engineering Corporation to refunds of excess profits taxes for the years 1942 through 1945. In May 1942, to increase its capacity to produce materials essential to the war effort, Lake Erie entered into a standard "Emergency Plant Facilities" contract with the Navy Department. This contract provided...
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