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LADISH COMPANY v. UNITED STATES

No. 13505.

301 F.2d 257 (1962)

LADISH COMPANY, a corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 27, 1962.

Attorney(s) appearing for the Case

Thomas J. Donnelly, Jr., Bernard V. Brady, Elwin J. Zarwell, Samuel J. Recht, Milwaukee, Wis., for plaintiff-appellant; Brady, Tyrrell & Bruce, Milwaukee, Wis., of counsel.

James B. Brennan, U. S. Atty., Milwaukee, Wis., Louis F. Oberdorfer, Asst. Atty. Gen., Douglas A. Kahn, Atty., Tax Division, Dept. of Justice, Lee A. Jackson, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

Plaintiff, a Wisconsin corporation, seeks a refund of $14,864.30, part of the tax paid by it for the year 1951 under the Excess Profits Tax Act of 1950.1 The District Court dismissed the suit and plaintiff has appealed.

The Excess Profits Tax Act of 1950 was adopted in aid of prosecution of the Korean War. In it Congress selected for the additional tax, corporations whose profits were higher because of the...

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