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UNITED STATES v. RUSSELL MANUFACTURING COMPANY

No. 313, Docket 29116.

349 F.2d 13 (1965)

The UNITED STATES of America, Plaintiff-Appellant, v. The RUSSELL MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 7, 1965.

Attorney(s) appearing for the Case

J. Edward Shillingburg, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., Jon O. Newman, U. S. Atty., Howard T. Owens, Jr., Asst. U. S. Atty., of counsel), for plaintiff-appellant.

John D. Fassett, New Haven, Conn. (Wiggin & Dana, Charles C. Kingsley, New Haven, Conn., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal is the latest chapter in a tax controversy between the Government and Russell Manufacturing Company which has been dragging on for nearly twenty years. We think, as did Judge Timbers in the District Court for Connecticut, it is time to bring down the curtain.

During the years 1942 through 1948, Russell entered into sixteen trust agreements, known as A through P, by each of which it agreed to deposit with a trust company...

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