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J. C. PITMAN & SONS, INC. v. UNITED STATES

No. 302-59.

317 F.2d 366 (1963)

J. C. PITMAN & SONS, INC. v. The UNITED STATES.

United States Court of Claims.

May 10, 1963.

Attorney(s) appearing for the Case

Charles H. Burton, Washington, D. C., for plaintiff; Stanley M. Brown and G. Marshall Abbey, Manchester, N. H., on the brief.

Mitchell Samuelson, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant; Edward S. Smith, Lyle M. Turner and Earl L. Huntington, Washington, D. C., on the brief.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

JONES, Chief Judge.

This is a suit for the recovery of taxes in the amount of $14,632.041 paid by plaintiff, J. C. Pitman & Sons, Inc., on behalf of another corporation.

Plaintiff is a New Hampshire corporation engaged in the manufacture and sale of restaurant equipment. It is the successor company to a Massachusetts corporation of the same name. In 1945, John C. Pitman, plaintiff's majority stockholder, acquired the exclusive...

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