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CHEM AERO, INC. v. UNITED STATES

No. 81-5900.

694 F.2d 196 (1982)

CHEM AERO, INC., a California corporation, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Mary L. Fahey, Washington, D.C., argued, for defendant-appellant; Michael L. Paup, Washington, D.C., on brief.

Joseph J. Nesis, Beverly Hills, Cal., for plaintiff-appellee.

Before HUG, FERGUSON and CANBY, Circuit Judges.

FERGUSON, Circuit Judge:

The government appeals the district court's judgment granting a tax refund to the plaintiff taxpayer, Chem Aero, Inc.

A sales agent for Chem Aero brought a state court action against the corporation for unpaid commissions, and in 1974 was awarded a judgment in the amount of $54,082. In order to appeal, the losing party in an action of this kind is required by state law to post a bond for one and one-half times the amount of the award...

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