UNITED STATES v. EIDSON

No. 19414.

312 F.2d 744 (1963)

UNITED STATES of America, Appellant, v. Charles G. EIDSON, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 6, 1963.


Attorney(s) appearing for the Case

Ernest Morgan, U. S. Atty., San Antonio, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Michael I. Smith, Attys., Dept. of Justice, Washington, D. C., for appellant.

J. Rodney Lee, of Naman, Howell, Smith & Chase, Waco, Tex., for appellees, Charles G. Eidson, Jr. and wife, Lee W. Eidson, and J. D. Metz and wife, Margaret E. Metz.

Before TUTTLE, Chief Judge, HUTCHESON, Circuit Judge, and CONNALLY, District Judge.


PER CURIAM.

It now appears for the first time in the petition and brief supporting the petition for rehearing that the judgment of the trial court included items other than those relating to the amount received by the taxpayers from the transactions discussed in the opinion. This appears to be conceded by the United States by the first footnote in its original brief, in which it states that the Government "is prosecuting its appeal only as to one of the issues decided...

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