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SPRAGUE ELECTRIC COMPANY v. TAX COURT

No. 6395.

340 F.2d 947 (1965)

SPRAGUE ELECTRIC COMPANY, Plaintiff, Appellant, v. The TAX COURT OF the UNITED STATES et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided January 19, 1965.

Attorney(s) appearing for the Case

James M. Mulligan, Jr., Wilmington, Del., with whom Edmund Burke, Boston, Mass., Arthur G. Connolly, Arthur G. Connolly, Jr., Hale & Dorr, Boston, Mass., and Connolly, Bove & Lodge, Wilmington, Del., were on brief, for appellant.

Harry Marselli, Atty., Dept. of Justice, with whom Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, and Crombie J. D. Garrett, Attys., Dept. of Justice, W. Arthur Garrity, Jr., U. S. Atty., and Murray H. Falk, Asst. U. S. Atty., were on brief, for appellees.

Before ALDRICH, Chief Judge, and SWEENEY and WYZANSKI, District Judges.

ALDRICH, Chief Judge.

Taxpayer, Sprague Electric Company, brings this action for mandamus pursuant to 28 U.S.C. § 1361 against the Tax Court of the United States and a judge thereof, hereinafter collectively respondent, alleging that in deciding a certain excess profits tax case, Sprague Electric Co. v. Commissioner of Internal Revenue, 36 T.C. 1043, hereinafter taxpayer's case, against taxpayer, respondent committed, essentially...

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