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CORDOVAN ASSOCIATES, INC. v. DAYTON RUBBER COMPANY

No. 14029.

290 F.2d 858 (1961)

CORDOVAN ASSOCIATES, INCORPORATED, Defendant-Appellant, v. DAYTON RUBBER COMPANY, Plaintiff-Appellee.

United States Court of Appeals Sixth Circuit.

June 7, 1961.

Attorney(s) appearing for the Case

Robert F. Young, Dayton, Ohio, and Morton Honeyman, Roanoke, Va. (Harshman, Young, Colvin & Alexander, by Robert F. Young, Dayton, Ohio, on the brief), for appellant.

James E. Corkey, Washington, D. C. (Philip C. Ebeling, Pickrel, Schaeffer & Ebeling, Dayton, Ohio, Gravelle, Whitlock, Markey & Tait, Washington, D. C., on the brief after remand by the Supreme Court; Pickrel, Schaeffer & Ebeling, by William G. Pickrel and Gordon H. Savage, Dayton, Ohio, on the brief), for appellee.

Before MARTIN, WEICK and O'SULLIVAN, Circuit Judges.

WEICK, Circuit Judge.

This case was remanded by the Supreme Court for consideration in the light of Commissioner of Internal Revenue v. Duberstein, 363 U.S. 278, 80 S.Ct. 1190, 4 L.Ed.2d 1218. Duberstein had not been decided at the time our original opinion in this case1 was announced. We have complied with the mandate of the Supreme Court. Additional briefs were filed by counsel after the remand and the...

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