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MID-RIDGE INVESTMENT COMPANY v. UNITED STATES

No. 14180.

324 F.2d 945 (1963)

MID-RIDGE INVESTMENT COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 18, 1963.

Attorney(s) appearing for the Case

Malcolm K. Whyte, John L. Palmer, Milwaukee, Wis., for plaintiff-appellant Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., Carolyn R. Just, Atty., Tax Division, U. S. Department of Justice, Washington, D. C., James B. Brennan, U. S. Atty., Milwaukee, Wis., Meyer Rothwacks, David O. Walter, Martin B. Cowan, Attys. Dept. of Justice, Washington, D. C., for defendant-appellee, Franklyn M. Gimbel, Asst. U. S. Atty., of counsel.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.

HASTINGS, Chief Judge.

Plaintiff Mid-Ridge Investment Company (Mid-Ridge) filed suit in the district court against the United States pursuant to 28 U.S.C.A. § 1346(a) (1), to recover corporate income taxes alleged to have been erroneously assessed and collected for the years 1953 through 1956.

Mid-Ridge had filed federal corporate income tax returns from 1938 to 1956. On December 17, 1957, Mid-Ridge filed fiduciary...

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