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ROBBINS TIRE AND RUBBER COMPANY v. UNITED STATES

No. 71-2827.

462 F.2d 684 (1972)

ROBBINS TIRE AND RUBBER COMPANY, Inc., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1972.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Lynn W. Ross, Jr., Atty., Tax Div., Dept. of Justice, Washington, D. C., Scott P. Crampton, Asst. Atty. Gen., Charles D. Stewart, Asst. U. S. Atty., Birmingham, Ala., Meyer Rothwacks, Ann Belanger, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

C. A. Poellnitz, Florence, Ala., James C. Herndon, Akron, Ohio, for plaintiff-appellee.

Before WISDOM, GOLDBERG and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The contract interpretation issue in this appeal arose in the context of a tax claim settlement. Finding that only one reasonable meaning may be ascribed to the compromise offer and acceptance agreement of the parties, we reverse the action of the trial court in treating the contract as ambiguous and in submitting the issue of its interpretation to jury resolution.

Robbins Tire & Rubber Company (Taxpayer), an Alabama corporation,...

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