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MIDLAND-ROSS CORPORATION v. UNITED STATES

No. 15524.

335 F.2d 561 (1964)

MIDLAND-ROSS CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

Certiorari Granted December 14, 1964.

Attorney(s) appearing for the Case

Theodore M. Garver, Cleveland, Ohio (George H. Rudolph, Theodore R. Colborn, Cleveland, Ohio, on the brief; Jones, Day, Cockley & Reavis, Cleveland, Ohio, of counsel), for appellant.

Joseph Kovner, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Leonard M. Goldbert, Attys., Dept. of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Bernard J. Stuplinski, Asst. U. S. Atty., Cleveland, Ohio, on the brief), for appellee.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and McALLISTER, Senior Circuit Judge.

Certiorari Granted December 14, 1964. See 85 S.Ct. 441.

PER CURIAM.

This cause is before the Court on appeal from a judgment of the United States District Court for the Northern District of Ohio granting judgment in favor of the appellee, a taxpayer, against the United States, the appellant. The sole question presented on the appeal is whether original discount income received upon the sale of notes prior to their maturity is entitled to be treated as capital...

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