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JOHN WANAMAKER PHILADELPHIA, INC. v. UNITED STATES

Nos. 305-61, 70-63.

359 F.2d 437 (1966)

JOHN WANAMAKER PHILADELPHIA, INC. v. The UNITED STATES. JOHN WANAMAKER PHILADELPHIA, INC. (Successor by Merger to John Wanamaker New York, Inc.) v. The UNITED STATES.

United States Court of Claims.

April 15, 1966.

Attorney(s) appearing for the Case

N. Barr Miller, Washington, D. C., for plaintiffs, J. Marvin Haynes, Washington, D. C., attorney of record. Haynes & Miller, and Arthur H. Adams, Washington, D. C., of counsel.

Sheldon P. Migdal, Washington, D. C., with whom was Acting Asst. Atty. Gen., Richard M. Roberts, for defendant. C. Moxley Featherston, Lyle M. Turner, and Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, REED, Justice (Ret.), sitting by designation, and LARAMORE, DAVIS, and COLLINS, Judges.

LARAMORE, Judge.

John Wanamaker Philadelphia, Inc., is a Pennsylvania corporation which operates retail department stores. At the time of the events in issue, it operated a store in Philadelphia, Pennsylvania, and a wholly-owned subsidiary, John Wanamaker New York, Inc., operated a store in New York City. In 1956, the New York subsidiary was merged into the parent company. Two petitions stating substantially identical facts and raising common questions of law have...

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