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MILLER BOX, INC. v. UNITED STATES

No. 73-1388.

488 F.2d 695 (1974)

MILLER BOX, INC. and Northport Box, Inc., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 22, 1974.

Attorney(s) appearing for the Case

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

Winston B. McCall, Birmingham, Ala., for plaintiffs-appellees.

Before TUTTLE, DYER and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 22, 1974.

TUTTLE, Circuit Judge:

The government appeals from a judgment based upon a jury verdict which determined that salaries totalling $1,143,041 over a two year period paid to the general manager of two box manufacturing corporations completely controlled by his brother, in addition to a salary of $24,000 paid to him as manager of a partnership box...

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