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E. R. HITCHCOCK CO v. UNITED STATES

No. 507, Docket 74-2250.

514 F.2d 484 (1975)

The E. R. HITCHCOCK CO., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 3, 1975.

Attorney(s) appearing for the Case

Richard Farber, Washington, D. C. (Gilbert E. Andrews, William Friedlander, Attys., Tax Div., Dept. of Justice, Washington, D. C., Peter C. Dorsey, U. S. Atty., Scott P. Crampton, Asst. Atty. Gen.), for defendant-appellant.

Edward B. Scott, New Britain, Conn. (Camp, Williams & Richardson), New Britain, Conn., for plaintiff-appellee.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal is by the Government from a judgment permitting a taxpayer, in connection with a condemnation award, the benefit of the nonrecognition provisions of the involuntary conversion statute, Section 1033 of the Code, 26 U.S.C. § 1033.1 The judgment, a summary one, was rendered by the United States District Court for the District of Connecticut, M. Joseph Blumenfeld...

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