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WISCONSIN CENTRAL RAILROAD COMPANY v. UNITED STATES

No. 64-59.

296 F.2d 750 (1961)

WISCONSIN CENTRAL RAILROAD COMPANY v. UNITED STATES.

United States Court of Claims.

December 6, 1961.

Attorney(s) appearing for the Case

Joseph M. Jones, Washington, D. C., for the plaintiff. Fordyce W. Crouch, Minneapolis, Minn., Robert T. Molloy and Kenneth W. Moroney, Washington, D. C., were on the brief.

Benjamin H. Pester, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for the defendant. James P. Garland, Philip R. Miller and Mildred L. Seidman, Washington, D. C., were on the brief.

JONES, Chief Judge.

This is an action to recover $253,659.98 in income tax and $32,731.15 in interest paid by plaintiff as successor to Wisconsin Central Railway Company (hereinafter sometimes referred to as "predecessor") in a bankruptcy reorganization under section 77 of the Bankruptcy Act.1

The facts are stipulated. Predecessor, a Wisconsin corporation which operated as a common carrier by rail, was in receivership

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