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TRANSPORT MANUFACTURING & EQUIPMENT CO. OF DEL. v. TRAINOR

No. 18672.

382 F.2d 793 (1967)

TRANSPORT MANUFACTURING & EQUIPMENT COMPANY OF DELAWARE, a Delaware Corporation, Appellant, v. Edwin P. TRAINOR, District Director of Internal Revenue, Sheldon S. Cohen, Commissioner of Internal Revenue, and Henry H. Fowler, Secretary of the Treasury of the United States, Appellees.

United States Court of Appeals Eighth Circuit.

August 16, 1967.

Attorney(s) appearing for the Case

Guy A. Magruder, Jr., Kansas City, Mo., for appellant; Terrell, Van Osdol & Magruder, Kansas City, Mo., on the brief.

Anthony Zell Roisman, Attorney, Tax Division, Dept. of Justice, Washington, D. C., for appellees; Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attorneys, Tax Div., Dept. of Justice, and Richard D. Fitz-Gibbon, Jr., U. S. Atty., and John A. Newton, Asst. U. S. Atty., St. Louis, Mo., on the brief.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.

MATTHES, Circuit Judge.

Transport Manufacturing & Equipment Company of Delaware filed an action in the nature of mandamus against Edwin O. Bookwalter, Sheldon S. Cohen, and Henry H. Fowler, appellees, in regard to its income tax liability for the years 1949 through 1953, inclusive, and the jeopardy assessment made in connection with such liability.1 Plaintiff sought to compel appellees to accept payment of its liability for income...

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