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NEWARK MORNING LEDGER CO. v. UNITED STATES

No. 75-2192.

539 F.2d 929 (1976)

NEWARK MORNING LEDGER COMPANY, a corporation of the State of New Jersey v. The UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 29, 1976.

Attorney(s) appearing for the Case

Jonathan S. Cohen, Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Donald A. Robinson, Robinson, Wayne & Greenberg, Newark, New Jersey, John R. Coughlin, Sabin, Bermant & Blau, New York City, for plaintiff-appellee.

Before CLARK, Associate Justice, and GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

Mr. Justice CLARK:

This appeal, brought under 28 U.S.C. § 1291, tests the validity of a refund of federal income taxes ordered by the District Court covering legal expenses incurred by the Newark Morning Ledger Company (Ledger) in protracted litigation with the Republican Company (Republican), in which Ledger, as a stockholder, complained of malfeasance by Republican's management. The facts were stipulated, cross motions for summary...

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