DAHLGREN v. UNITED STATES

No. 75-3263.

557 F.2d 456 (1977)

Harold P. DAHLGREN et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.


Attorney(s) appearing for the Case

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Scott P. Crampton, Asst. Atty. Gen., Wm. A. Friedlander, Atty., Murray S. Horwitz, Atty., Tax Div., Gilbert E. Andrews, Chief, Appellate Sec., U. S. Dept. of Justice, Washington, D. C., Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., for defendant-appellant.

John L. Hauer, Robert E. Goodfriend, Clarice M. Davis, Dallas, Tex., for plaintiffs-appellees.

Before TUTTLE, WISDOM and COLEMAN, Circuit Judges.


PER CURIAM:

It appears that one issue comprehended within the original suit, that is the question whether Dahlgren had "constructively transferred" his interest in the patent long before the purported sale with which this case is now concerned, was decided in favor of the taxpayer by the jury in response to special interrogatories. Petitioner contends that it is appropriate, if this Court remands the case to the trial court to provide that that issue is no longer...

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