HENDERSON CLAY PRODUCTS v. UNITED STATES

Civ. A. No. 2463.

199 F.Supp. 304 (1961)

HENDERSON CLAY PRODUCTS, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Texas, Tyler Division.

September 6, 1961.


Attorney(s) appearing for the Case

B. L. Bird, Fort Worth, Tex., Robert B. Wallace, Corpus Christi, Tex., Charles W. Shaw, Henderson, Tex., for plaintiff.

Joe Tunnell, U. S. Atty., Lloyd W. Perkins, Asst. U. S. Atty., Tyler, Tex., William A. Miner, Washington, D. C., for defendant.


SHEEHY, Chief Judge.

Plaintiff instituted this suit on January 27, 1958, seeking a refund of income and excess profits taxes, together with interest thereon, assessed against it by the Commissioner of Internal Revenue, hereinafter referred to as Commissioner. The facts as admitted by the parties and as found by the Court as well as the contentions of the parties are as hereinafter stated.

Plaintiff is a Texas corporation, with its principal office in Henderson...

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