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H. A. BRODY CORP. v. UNITED STATES

Civ. A. No. 2-455.

197 F.Supp. 918 (1961)

H. A. BRODY CORP., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Iowa, Davenport Division.

September 29, 1961.

Attorney(s) appearing for the Case

Edward A. Doerr, Davenport, Iowa, for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., Roy W. Meadows, U. S. Atty., Des Moines, Iowa, for defendant.

VAN PELT, District Judge.

This matter is before the court upon cross-motions for summary judgment. H. A. Brody Corp. brought the suit to recover internal revenue taxes alleged to have been wrongfully assessed and collected. There is presented a question of first impression calling for an interpretation of § 432(e) of the Excess Profits Tax Act of 1950, 26 U.S.C.A. §§ 430-474, 1939 Internal Revenue Code.

H. A. Brody Corp. is a successor to a...

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