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PENNSYLVANIA TURNPIKE COMMISSION v. McGINNES

No. 13169.

278 F.2d 330 (1960)

PENNSYLVANIA TURNPIKE COMMISSION, Appellant v. Edgar A. McGINNES, District Director of Internal Revenue of Philadelphia, Manu-Mine Research and Development Company and Seaboard Surety Company.

United States Court of Appeals Third Circuit.

Decided May 24, 1960.

Attorney(s) appearing for the Case

Aaron M. Fine, Philadelphia, Pa. (Harold E. Kohn, Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., Henry E. Harner, Harrisburg, Pa., on the brief), for appellant.

Douglas A. Kahn, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Attorneys, Department of Justice, Washington, D. C., Walter E. Alessandroni, U. S. Atty., James J. Phelan, Jr., Asst. U. S. Atty., Philadelphia, Pa., on the brief), for Director of Internal Revenue.

Daniel Mungall, Jr., S. Gordon Elkins, Philadelphia, Pa., on the brief, for Seaboard Surety Co.

Frederick G. McGavin, Reading, Pa., on the brief. Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for Manu-Mine Research & Development Co.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court for the Eastern District of Pennsylvania dismissing the complaint of the Pennsylvania Turnpike Commission against the District Director of Internal Revenue for lack of jurisdiction and remanding the case against the other defendants to the state courts. It is the second time the case has been in this Court. In the first case we held that the United States District Court did not have original jurisdiction...

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