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GEORG JENSEN, INC. v. UNITED STATES

No. 178, Docket 25787.

279 F.2d 870 (1960)

GEORG JENSEN, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 20, 1960.

Attorney(s) appearing for the Case

Charles T. Beeching, Jr., and Joseph M. Field, Asst. U. S. Attys., New York City (S. Hazard Gillespie, Jr., U. S. Atty. for Southern District of New York, New York City, on the petition), for defendant-appellee.

John J. Costello and John J. Loflin, Jr., New York City (Kelley, Drye, Newhall & Maginnes, New York City, opposing the petition), for plaintiff-appellant.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

MEDINA, Circuit Judge.

In its petition for rehearing the government primarily relies upon our mistaken belief that the words in Section 800 of the Revenue Act of 1926 quoted in our opinion were eliminated from the 1939 Code which is now before us. As the government points out "the quoted language was not eliminated from the 1939 Code but rather was placed in a separate section [1809] in substantially the same form." However, this part of the statute is concerned with...

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