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NEW YORK SHIPBUILDING CORPORATION v. UNITED STATES

No. 15402.

362 F.2d 550 (1966)

NEW YORK SHIPBUILDING CORPORATION v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Decided May 17, 1966.

Attorney(s) appearing for the Case

Harry Marselli, Dept. of Justice, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Harold C. Wilkenfeld, Attorneys, Department of Justice, Washington, D. C., David M. Satz, Jr., U. S. Atty., Lee B. Laskin, Asst. U. S. Atty., on the brief), for appellant.

Mark Hulsey, Jr., Jacksonville, Fla. (Joseph M. Glickstein, Jacksonville, Fla., William C. Davis, Camden, N. J., Glickstein, Crenshaw, Glickstein & Hulsey, Jacksonville, Fla., Starr, Summerill & Davis, Camden, N. J., on the brief), for appellee.

Before FORMAN, GANEY, and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal involves a construction of the Korean War excess profits tax. The United States District Court for the District of New Jersey granted appellee a $51,779.13 refund, plus statutory interest, from excess profits taxes paid for the years 1950, 1951, 1952 and 1953. A strike from August 8, 1947 through October 17, 1947 was ruled an event "unusual and peculiar in the experience of such taxpayer," 26 U.S.C. § 442...

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