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WARNER COMPANY v. UNITED STATES

Nos. 73-1722, 73-1723.

504 F.2d 689 (1974)

WARNER COMPANY, Appellant in No. 73-1722, v. UNITED STATES of America, Appellant in No. 73-1723.

United States Court of Appeals, Third Circuit.

Decided September 27, 1974.

Attorney(s) appearing for the Case

Jules I. Whitman, Peter J. Picotte, II, Philadelphia, Pa., for Warner Co.; Dilworth, Paxson, Kalish, Levy & Coleman, of counsel.

Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Jonathan S. Cohen, Donald H. Olson, Tax Div. Dept. of Justice, Washington, D. C., for the United States; Robert E. J. Curran, U. S. Atty., of counsel.

Before VAN DUSEN, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Warner Company (Warner) brought this action for a refund of federal income taxes alleged to have been erroneously paid for the taxable years 1956 through 1959 and 1961.1 From a judgment in favor of the taxpayer, the Government appeals.2 The issue presented is whether Warner is entitled to employ the "proportionate...

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