TURNER CONSTRUCTION COMPANY v. UNITED STATES

Nos. 284, 285, Dockets 29323, 29324.

364 F.2d 525 (1966)

TURNER CONSTRUCTION COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Edmund A. PRENTIS, Lazarus White, Charles B. Spencer, Inc., and Spencer, White & Prentis, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 26, 1966.


Attorney(s) appearing for the Case

Irwin B. Robins, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for S. D. New York, and Grant B. Hering, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

Richard H. Tunstead, New York City, Edmund A. Prentis, Lazarus White, Charles B. Spencer, Inc. and Spencer, White & Prentis, Inc., Austin & Diamond, New York City (Spencer & Tunstead, New York City, on the brief), for plaintiffs-appellants.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.


LUMBARD, Chief Judge:

Two taxpayers, Turner Construction Company (Turner) and Edmund A. Prentis, Lazarus White, Charles B. Spencer, Inc.,1 appeal from two judgments of the United States District Court for the Southern District of New York. The cases were tried together because they contained a common issue of fact and law. Since that issue is contested here by both taxpayers, the appeals have...

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