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KALTREIDER CONSTRUCTION, INC. v. UNITED STATES

No. 13827.

303 F.2d 366 (1962)

KALTREIDER CONSTRUCTION, INC. v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Filed May 22, 1962.

Attorney(s) appearing for the Case

John A. Bailey, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attorneys, Department of Justice, Washington, D. C.; Bernard J. Brown, U. S. Atty., Daniel R. Minnick, Asst. U. S. Atty., on the brief) for appellant.

Robert H. Griffith, York, Pa., for appellee.

Before GOODRICH and GANEY, Circuit Judges, and SHERIDAN, District Judge.

GOODRICH, Circuit Judge.

This is an appeal by the United States from a judgment in favor of a taxpayer who sued for refund in the District Court for the Middle District of Pennsylvania. 192 F.Supp. 229 (1961). The point is narrow and technical. We think the district court was in error in deciding in favor of the taxpayer.

The facts are undisputed and both the taxpayer and the Government agree that the statute applicable...

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