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MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 19144.

411 F.2d 327 (1969)

MISSOURI PACIFIC RAILROAD COMPANY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 27, 1969.

Attorney(s) appearing for the Case

Stuart A. Smith, Atty., Dept. of Justice, Washington, D. C., for appellant; Mitchell Rogovin, Asst. Atty. Gen., Dept. of Justice, Lee A. Jackson and J. Edward Shillingburg, Attys., Dept. of Justice, and Veryl L. Riddle, U. S. Atty., St. Louis, Mo., with him on the brief.

Quinn O'Connell, Washington, D. C., for appellee; Gerald J. O'Rourke, Jr., and Robert T. Molloy, Washington, D. C., Mark M. Hennelly, St. Louis, Mo., Vice President and General Counsel, Missouri Pacific Ry. Co., and Gilbert P. Strelinger, St. Louis, Mo., General Solicitor, Missouri Pacific Ry. Co., with him on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

This appeal involves the foreign tax credits to which the taxpayer is entitled to claim for income taxes paid to the Republic of Mexico for the years 1955 and 1956.

The taxpayer, Missouri Pacific Railroad Company, is a corporation organized under the laws of the State of Missouri, and is engaged in the business of operating as a common carrier by railroad in interstate commerce.

The...

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