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CATHBAKE INV. CO., INC. v. FISK ELEC. CO., INC.

No. 81-7752.

700 F.2d 654 (1983)

CATHBAKE INVESTMENT COMPANY, INC., Plaintiff-Appellee, v. FISK ELECTRIC COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 14, 1983.

Attorney(s) appearing for the Case

Bradley, Arant, Rose & White, Dewey W. Hammond, III, Birmingham, Ala., Bracewell & Patterson, Michael A. Caddell, Houston, Tex., for defendant-appellant.

Denaburg, Schoel, Meyerson & Ogle, Richard F. Ogle, Birmingham, Ala., for plaintiff-appellee.

Before KRAVITCH, HATCHETT and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Appellant Fisk Electric Company, Inc. ("Fisk"), a Texas corporation, organized a wholly-owned subsidiary, Dyer Electric Company, Inc. ("Dyer"), under the laws of Alabama in 1972. From May 1972, until December 31, 1977, Fisk, together with Dyer and its other wholly-owned subsidiaries, filed consolidated federal income tax returns. At all times applicable, both Fisk and Dyer were on the calendar year basis...

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