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B & L FARMS CO. v. UNITED STATES

No. 22540.

368 F.2d 571 (1966)

B & L FARMS CO. et al., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 15, 1967.

Attorney(s) appearing for the Case

W. G. Ward, Miami, Fla., Edwin L. Hubbard, Weyman Hickey, Hubbard & Hickey, Coral Gables, Fla., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Wash., D. C., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U. S. Atty., Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., John B. Jones, Jr., Acting Asst. Atty. Gen., Edward I. Heilbronner, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before PHILLIPS, JONES and BROWN, Circuit Judges.

PER CURIAM:

The facts of the suit for a tax refund from which this appeal stems are set forth in the opinion of the district court. B & L Farms Co. v. United States, 238 F.Supp. 407. The conclusions reached by the district court are correct and its judgment is free from error. That judgment is affirmed.

JOHN B. BROWN, Circuit Judge (dissenting in part):

I concur fully in the Court's affirmance of the District...

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