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MURPHY OIL CORPORATION v. UNITED STATES

No. 17666.

337 F.2d 677 (1964)

MURPHY OIL CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 17, 1964.

Attorney(s) appearing for the Case

William J. Wynne of Crumpler & O'Connor, El Dorado, Ark., and Vester T. Hughes Jr., of Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., for appellant and filed brief with J. A. O'Connor, Jr. of Crumpler & O'Connor, El Dorado, Ark., and Larry L. Bean of Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex.

Thomas L. Stapleton, Atty., Dept. of Justice, Washington, D. C., for appellee and filed brief with Louis F. Oberdorfer, Asst. Atty. Gen., Tax Div., Washington, D. C., Lee A. Jackson and Melva M. Graney, Atty., Tax Div., Washington, D. C. and Charles M. Conway, U. S. Atty., E. A. Riddle, Asst. U. S. Atty., Fort Smith, Ark.

Before MATTHES, BLACKMUN and RIDGE, Circuit Judges.

PER CURIAM.

Murphy Oil Corporation, Appellant, brought this action to recover income taxes alleged to have been erroneously and illegally assessed and collected by the Government for the taxable year ending May 31, 1953.

The facts were presented by a stipulation, are fully and accurately stated in the trial court's opinion, and place in issue the proper treatment for tax purposes, under applicable statutes and Treasury Regulations, of an aliquot part of a...

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