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PORTLAND CEMENT COMPANY OF UTAH v. UNITED STATES

No. 238-68.

412 F.2d 894 (1969)

PORTLAND CEMENT COMPANY OF UTAH, a Utah Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 25, 1969.

Attorney(s) appearing for the Case

Glen E. Fuller, Salt Lake City, Utah (Jack R. Decker, Salt Lake City, Utah, was with him on the brief), for appellant.

Grant W. Wiprud, Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Robert Livingston, Dept. of Justice, Washington, D. C., and William T. Thurman, U. S. Atty., Salt Lake City, Utah, of counsel, were with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

PER CURIAM.

This case reaches us for the fifth time. See United States v. Portland Cement Co. of Utah in 293 F.2d 826, 315 F.2d 169, 338 F.2d 798, 378 F.2d 91. In the last case cited, we remanded the cause to the district court with directions to determine the amount of taxpayer's refund, if any, through application of the...

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