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CONSOLIDATED BLENDERS, INC. v. UNITED STATES

No. 85-1423.

785 F.2d 259 (1986)

CONSOLIDATED BLENDERS, INC., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1986.

Rehearing and Rehearing Denied April 25, 1986.

Attorney(s) appearing for the Case

Gayle P. Miller, Dept. of Justice, Washington, D.C., for appellant.

David R. Klaassen, Salina, Kan., for appellee.

Before ARNOLD and WOLLMAN, Circuit Judges, and REGAN, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 25, 1986.

ARNOLD, Circuit Judge.

Consolidated Blenders, Inc., prevailed below in its suit for refund of federal income taxes paid for the taxable year ending April 30, 1974. On May 1, 1973, eight separate pre-existing corporations merged into Consolidated in a single reorganization. The question before us is the extent to which Consolidated is entitled to claim net-operating-loss carryovers belonging to five of...

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