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MOBERG v. C. I. R.

No. 21874.

365 F.2d 337 (1966)

Vern H. MOBERG and Reta N. Moberg, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

August 12, 1966.

Attorney(s) appearing for the Case

Robert Ash, Charles H. Burton, Washington, D. C., Ash, Bauersfeld & Burton, Washington, D. C., of counsel, for petitioners.

Sheldon S. Cohen, Chief Counsel, I. R. S., Charles Owen Johnson, Atty., I. R. S., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David I. Granger, Crombie J. D. Garrett, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before RIVES, BROWN and MOORE, Circuit Judges.

MOORE, Circuit Judge:

On April 10, 1947, the petitioner Vern H. Moberg, in partnership with his brother Theodore E. Moberg, purchased from Hugh A. and John F. McCullough, the exclusive right to use patented Dairy Queen freezers in the States of Washington and Oregon, together with the right to grant sub-licenses in any portion of those States. In order to raise money for the effective exploitation of their franchise, the...

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