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NORDEN-KETAY CORPORATION v. C. I. R.

No. 330, Docket 28077.

319 F.2d 902 (1963)

NORDEN-KETAY CORPORATION (formerly Ketay Instrument Corporation), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided June 28, 1963.

Attorney(s) appearing for the Case

Don V. Harris, Jr., Washington, D. C. (Ernest S. Christian, Jr. and Covington & Burling, Washington, D. C., on the brief), for petitioner.

I. Henry Kutz, Attorney, Department of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Thomas A. Skornia, Attorneys, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Prior to 1951, petitioner was an established Illinois corporation primarily engaged in the business of mining coal under the name Consolidated Coal Corporation. During 1950, overtures to Lehman Bros., a New York investment banking firm, had been made on behalf of the owners of the principal block of stock, with a view towards sale of the stock. Lehman Bros. located a buyer, the Ziegler Coal...

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