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WEST LOS ANGELES INSTITUTE FOR CANCER RESEARCH v. MAYER

No. 19551.

366 F.2d 220 (1966)

WEST LOS ANGELES INSTITUTE FOR CANCER RESEARCH, Appellant, v. Ward MAYER et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 6, 1966.

Attorney(s) appearing for the Case

Koerner, Young, McColloch & Dezendorf, Frank H. Spears, Herbert H. Anderson, James H. Clarke, George L. Kirklin, Portland, Or., for appellant.

Charles M. Price, Robt. W. Wright, Jr., Spray, Price, Hough & Cushman, Chicago, Ill., Hugh L. Biggs, Cleveland C. Cory, Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for appellee.

Before POPE, MERRILL and BROWNING, Circuit Judges.

BROWNING, Circuit Judge:

In August 1951, Ward Mayer and his wife and son — who, with D. F. Kinder, were the stockholders of Timber Structures, Inc. — contracted to sell the business to the West Los Angeles Institute for Cancer Research, a tax-exempt entity. The transaction was patterned after the sale and leaseback agreements described in the opinions in Commissioner of Internal Revenue v. Brown, 380 U.S. 563, 85 S.Ct...

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