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AMERICAN NATURAL GAS COMPANY v. UNITED STATES

No. 3-56.

279 F.2d 220 (1960)

AMERICAN NATURAL GAS COMPANY, Madison Gas and Electric Company, Michigan Consolidated Gas Company, Michigan Wisconsin Pipe Line Company, Milwaukee Gas Light Company, and Milwaukee Solvay Coke Company v. UNITED STATES.

United States Court of Claims.

June 8, 1960.

Attorney(s) appearing for the Case

Arthur R. Seder, Jr., Chicago, Ill., for plaintiffs. Middleton Miller, J. Dean Vail, Jr., Robert R. Frei, Jules M. Perlberg, and Sidley, Austin, Burgess & Smith, Chicago, Ill., were on the briefs.

Jerome S. Hertz, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Philip R. Miller, Washington, D. C., were on the brief.

WHITAKER, Judge.

Plaintiffs sue to recover an alleged overpayment of income and excess profits taxes for the years 1944 to 1948, both inclusive, in the amount of $9,472,157.80, plus interest allowed by law. Under orders of the Securities and Exchange Commission the predecessor of plaintiff American Natural Gas Company, both hereinafter referred to as "American", sold its stock in The Detroit Edison Company in the year 1948 at a loss. Plaintiffs,

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