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MISSABE REALTY COMPANY v. UNITED STATES

No. 327-63.

382 F.2d 303 (1967)

MISSABE REALTY COMPANY v. The UNITED STATES.

United States Court of Claims.

July 20, 1967.

Attorney(s) appearing for the Case

Quinn O'Connell, Washington, D. C., for plaintiff; Robert T. Molloy, Washington, D. C., attorney of record; Gerald J. O'Rourke, Jr., and Weaver, Glassie & Molloy, Washington, D. C., of counsel.

Joseph Kovner, Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Philip R. Miller and Richard J. Boyle, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

OPINION

LARAMORE, Judge, delivered the opinion of the court:

This is the companion case to Cuyuna Realty Company v. United States, ct. cl., 382 F.2d 298 decided this day. Both cases raise identical issues of law; their facts vary only in unimportant details. The opinion in Cuyuna applies equally to these facts and to plaintiff's new argument conceding that one note was a contribution to capital rather than indebtedness...

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