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NIELSEN v. UNITED STATES

Nos. 15399, 15400.

333 F.2d 615 (1964)

Einer NIELSEN and Mildred C. Nielsen, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Einer NIELSEN and Mildred C. Nielsen, Plaintiffs-Cross-Appellants, v. UNITED STATES of America, Defendant-Cross-Appellee.

United States Court of Appeals Sixth Circuit.

June 29, 1964.

Attorney(s) appearing for the Case

William Waller, Nashville, Tenn., Waller, Lansden & Dortch, Nashville, Tenn., of counsel, for Nielsen.

Michael Mulroney, Department of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Department of Justice, Washington, D. C., on brief, Kenneth Harwell, U. S. Atty., Nashville, Tenn., of counsel, for United States.

Before MILLER, O'SULLIVAN and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

This appeal involves two large stock transactions wherein a Nashville stockbroker partnership, J. C. Bradford & Company, acted as intermediary between seller and ultimate purchaser. In each Bradford had title to the stock more than six months, assigned the stock to its house "investment account," took a "profit" on the resales rather than a "commission," and the Bradford partners claimed the "profits...

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