M. HILTY LUMBER CO. v. UNITED STATES

No. H-247.

3 F.Supp. 657 (1933)

M. HILTY LUMBER CO. et al. v. UNITED STATES.

Court of Claims.

May 29, 1933.


Attorney(s) appearing for the Case

Wilbur A. Giffen, of Chicago, Ill. (Kixmiller, Baar & Hoffman and Kixmiller, Baar & Morris, all of Chicago, Ill., were on the brief), for plaintiffs.

Ralph C. Williamson, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

Before GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.


LITTLETON, Judge.

The questions involved in this case concern the amount of loss sustained by the Forster-Mueller Company on the sale of its plant assets and standing timber on May 1, 1919, and the depletion allowable on timber cut by the Mueller Company from January 1 to May 1, 1919. Some objection is made by defendant to a consideration of the latter question on the ground that it was not properly raised in a claim for refund. We are convinced, however, from a careful...

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