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COMMISSIONER OF INTERNAL REVENUE v. CONTINENTAL SCREEN CO.

No. 5938.

53 F.2d 210 (1931)

COMMISSIONER OF INTERNAL REVENUE v. CONTINENTAL SCREEN CO.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1931.

Attorney(s) appearing for the Case

C. M. Charest, Gen. Counsel Bureau of Internal Revenue, of Washington, D. C., for petitioner.

Stevenson, Butzel, Eaman & Long, of Detroit, Mich., for respondent.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

Respondent moves to dismiss because the return to this court was not made within the time as limited, or lawfully extended. The time fixed by the last extension made by the Board had expired when the record was tendered to the clerk of this court for filing, and thereupon a judge of this court extended such time to and including that day, and the record was filed. This was fairly within the contemplation of section 4 of rule 35. There is no requirement...

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