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RISSLER & McMURRY CO., INC. v. UNITED STATES

No. 72-1545.

480 F.2d 684 (1973)

RISSLER & McMURRY CO., INC., a corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 19, 1973.

Attorney(s) appearing for the Case

Harry E. Leimback, Casper, Wyo., for appellant.

Gordon S. Gilman, Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, and Grant W. Wiprud, Dept. of Justice, Washington, D. C., and of counsel, Richard V. Thomas, U. S. Atty., with him on the brief), for appellee.

Before LEWIS, Chief Judge, BARRETT, Circuit Judge, and TALBOT SMITH, District Judge.

LEWIS, Chief Judge.

This is an appeal from a judgment by the United States District Court for Wyoming denying a claim for refund of federal income taxes for the calendar year 1965 by Rissler & McMurry Co., Inc. (taxpayer). Jurisdiction in this appeal rests upon 28 U.S.C. § 1291.

The material facts may be summarized. In 1965 the taxpayer made a successful bid on a construction contract offered by the city of Lander, Wyoming for the building and paving...

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