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PITTSBURGH PRESS CLUB v. UNITED STATES

No. 77-1721.

579 F.2d 751 (1978)

PITTSBURGH PRESS CLUB, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Third Circuit.

Decided April 24, 1978.

Attorney(s) appearing for the Case

Leonard M. Mendelson, T. Lawrence Palmer, Hollinshead & Mendelson, Pittsburgh, Pa., for plaintiff-appellee.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Leonard J. Henzke, Jr., Robert T. Duffy, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant; Blair A. Griffith, U. S. Atty., Thomas A. Daley, Asst. U. S. Atty., Pittsburgh, Pa., of counsel.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This case, involving the Pittsburgh Press Club's action for an income tax refund, comes before us for the second time. Because crucial findings of fact made by the district court were based on inadmissible evidence, we must once again reverse.

I

The Pittsburgh Press Club (PPC or the Club), organized in 1885 under the laws of Pennsylvania, and reactivated in 1955, applied

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