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HYDE PROPERTIES v. McCOY

No. 73-2095.

507 F.2d 301 (1974)

HYDE PROPERTIES, Plaintiff, v. Clyde McCOY, Defendant-Appellant, Will Luck, Trustee, Defendant, United States of America, Defendant-Appellee, and Commissioner of Revenue for Tennessee, George M. Tidwell, Intervenor.

United States Court of Appeals, Sixth Circuit.

Order October 24, 1974.

Opinion November 5, 1974.

Attorney(s) appearing for the Case

Ronald Lee Gilman, Farris, Hancock, Gilman, Branan & Lanier, Memphis, Tenn., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Myron C. Baum, Ernest Brown, Crombie J. D. Garrett, David English Carmack, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

W. Michael Richards, Donald A. Malmo, Heiskell, Donelson, Adams, Williams, & Wall, Memphis, Tenn., Thomas F. Turley, Jr., U. S. Atty., David M. Pack, Atty. Gen. of Tennessee, William B. Hubbard, Asst. Atty. Gen. of Tennessee, Nashville, Tenn., Joseph R. Buchignani, Asst. Atty. Gen., Memphis, Tenn., for defendant-appellee.

Before WEICK, MILLER and LIVELY, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

International House of Pancakes of Tennessee, Inc. (IHPT) was a corporation formed by and owned in equal shares by Clyde McCoy and his two brothers-in-law, Allin Means and Frank Means. The corporation was organized in 1963 for the purpose of franchising pancake houses throughout Tennessee. All three men were officers of the corporation, but the management of the business was conducted by the Means brothers. McCoy contributed most...

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