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TEXAS FARM BUREAU v. UNITED STATES

No. 82-1355.

732 F.2d 437 (1984)

TEXAS FARM BUREAU, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 21, 1984.

Attorney(s) appearing for the Case

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, Appellate Sec., Robert T. Duffy, Jo Ann Horn, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Peeler Williams, Jr., Waco, Tex., Hugh W. Davis, Jr., Arlington, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG and POLITZ, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion February 21, 1984, 5 Cir., 1984, 725 F.2d 307)

PER CURIAM:

Appellee seeks rehearing on the basis that the Court's holding in this case, that the "debt versus contribution to capital" issue presents primarily a question of law, conflicts with existing Fifth Circuit authority. While we do not agree with this contention, we pause briefly to fit...

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