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WOOD HARMON CORPORATION v. UNITED STATES

No. 141, Docket 27757.

311 F.2d 918 (1963)

WOOD HARMON CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 7, 1963.

Attorney(s) appearing for the Case

Cleary, Gottlieb & Steen, New York City (George E. Cleary, New York City, of counsel), for plaintiff-appellant.

Vincent L. Broderick, U. S. Atty., Southern District of New York (Robert Arum and Arnold N. Enker, Asst. U. S. Attys., of counsel), for defendant-appellee.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

The appellant, Wood Harmon Corporation, brought an action in the District Court to obtain a tax refund, but suffered an adverse judgment on cross-motions for summary judgment. Wood Harmon, as transferee of United Cities Realty Corporation (hereinafter called United), contests on appeal only that part of the District Court's judgment holding United liable for a capital gains assessment on one of the payments from the City of New York resulting...

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