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WINN-DIXIE MONTGOMERY, INC. v. UNITED STATES

No. 29859.

444 F.2d 677 (1971)

WINN-DIXIE MONTGOMERY, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 17, 1971.

Attorney(s) appearing for the Case

Neal C. Newell, Edward L. Hardin, Jr., Birmingham, Ala., J. Shepard Bryan, Jr., Jacksonville, Fla., Richard H. Hunt, Jr., Steven A. Schultz, Miami, Fla., Hare, Wynn, Newell & Newton, Birmingham, Ala., for appellant; Smathers & Thompson, Miami, Fla., of counsel.

Wayman G. Sherrer, U. S. Atty., E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., Johnnie M. Walters, Asst. Atty. Gen., William K. Hogan, Lee A. Jackson, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., Joseph M. Howard, Crombie J. D. Garrett, Benjamin M. Parker, Attys., Tax Division, Dept. of Justice, Washington, D. C., for appellee.

Before WISDOM and GOLDBERG, Circuit Judges, and DAVIS, Judge.

DAVIS, Judge.

Winn-Dixie Montgomery, Inc. is a wholly-owned subsidiary and one of eight marketing divisions (with its own warehousing and cold storage facilities) of Winn-Dixie Stores, Inc., a major food retailer in the southeastern United States.1 On August 1, 1962 it acquired and took over a chain of retail grocery outlets which belonged to Hill Grocery Company, Inc. The latter was a family corporation owned and managed for half-a-century...

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