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TENNESSEE PRODUCTS & CHEMICAL CORP. v. UNITED STATES

No. 14522.

297 F.2d 529 (1962)

TENNESSEE PRODUCTS & CHEMICAL CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendants-Appellee.

United States Court of Appeals Sixth Circuit.

As Amended February 12, 1962.

Attorney(s) appearing for the Case

William Waller, Nashville, Tenn., Kenneth L. Roberts, Waller, Davis & Lansden, Nashville, Tenn., on brief, for appellant.

Robert W. Kernan, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, Douglas A. Kahn, Attorneys, Dept. of Justice, Washington, D. C., Kenneth Harwell, U. S. Atty., Nashville, Tenn., on brief, for appellee.

Before MILLER, Chief Judge, and SIMONS and CECIL, Circuit Judges.

PER CURIAM.

Tennessee Products & Chemical Corporation, plaintiff-appellant, brought an action against United States, in the District Court for the Middle District of Tennessee, to recover approximately $29,000 for an overpayment of income taxes alleged to have been erroneously and illegally collected from the appellant.

The appellant corporation claimed that its former president, W. J. Cummins, was indebted to it in the amount of about $74,000, growing...

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