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SOUTHWESTERN LIFE INS. CO. v. U. S.

No. 75-2675.

560 F.2d 627 (1977)

SOUTHWESTERN LIFE INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 2, 1977.

Attorney(s) appearing for the Case

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Scott P. Crampton, Asst. Atty. Gen., Gary R. Allen, Atty., Gilbert E. Andrews, Acting Chief, Appellate Sec., Bennet N. Hollander, Richard Farber, Tax Div., U. S. Dept. of Justice, Washington, D. C., Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., for defendant-appellant-cross-appellee.

O. Jan Tyler, Robert K. Sands, Dallas, Tex., for plaintiff-appellee-cross-appellant.

Before TUTTLE, GOLDBERG and CLARK, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal presents for consideration the correctness of the trial court's judgment in a suit for refund filed by the insurance company by which judgment the trial court resolved several of the contested issues in favor of the taxpayer and the remaining issues in favor of the Commissioner. Since the parties are not content to leave the split solution where it stands, it is necessary for us to give separate consideration to each of the many...

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