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WHITEHALL CEMENT MANUFACTURING CO. v. UNITED STATES

Nos. 15603, 15604.

369 F.2d 468 (1966)

The WHITEHALL CEMENT MANUFACTURING COMPANY, Appellant in No. 15603, v. UNITED STATES of America, Appellant in No. 15604.

United States Court of Appeals Third Circuit.

Decided December 9, 1966.

Attorney(s) appearing for the Case

George Craven, Dechert, Price & Rhoads, Philadelphia, Pa., for taxpayers.

Thomas Field, Dept. of Justice, Tax Div., Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., Drew J. T. O'Keefe, U. S. Atty., Francis R. Crumlish, Asst. U. S. Atty., on the brief), for the United States.

Before SMITH and FREEDMAN, Circuit Judges, and MILLER, District Judge.

OPINION OF THE COURT

WILLIAM F. SMITH, Circuit Judge.

These appeals are from a judgment in favor of the defendant in an action for the refund of federal income taxes for the years 1951 to 1956, inclusive. The opinions of the district court are reported in 237 F.Supp. 838 and 242 F.Supp. 326 and 327. The controversy pertains to the method employed by the court below in the computation...

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