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C & R INVESTMENTS, INC. v. UNITED STATES

No. 178-70.

444 F.2d 765 (1971)

C & R INVESTMENTS, INC. (formerly Sherold Crystals, Inc.), a Corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 25, 1971.

Attorney(s) appearing for the Case

Claude L. Rice, Kansas City, Kan. (James L. Baska Olathe, Kan. and Clarence H. Wood, Kansas City, Kan. on the brief) for plaintiff-appellant.

Richard W. Perkins, Atty., Dept. of Justice (Johnnie M. Walters, Asst. Atty. Gen., and Lee A. Jackson and Bennet N. Hollander, Attys., Dept. of Justice, and Robert J. Roth, U. S. Atty., of counsel, on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

We are again concerned with a series of administrative mishaps which occurred in the Internal Revenue Service many years ago. When the case was first here, United States v. C & R Investments, Inc., 10 Cir., 404 F.2d 314, we reversed a district court decision that the taxpayer was entitled to a refund of $18,000 plus interest. On remand the court held for the government, 310 F.Supp...

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