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CARGILL v. UNITED STATES

Civil Action No. 238.

46 F.Supp. 712 (1942)

CARGILL, Inc., et al. v. UNITED STATES.

District Court, D. Delaware.

September 12, 1942.

Attorney(s) appearing for the Case

Albert G. Egermayer, of Minneapolis, Minn., and Hering, Morris, James & Hitchens, of Wilmington, Del., for plaintiffs.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and J. Leonard Lyons, Sp. Assts. to Atty. Gen., and Stewart Lynch, U. S. Atty., of Wilmington, Del., for defendant.

LEAHY, District Judge.

This is a suit for a refund of excess profits taxes for the year 1934 alleged to have been erroneously paid by plaintiff Warehouse Company.1

In August of 1934, Warehouse Company filed its capital stock tax return for the year ending June 30, 1934. In the belief that it was not doing business for the preceding taxable year,2 it claimed exemption for the payment of the capital stock...

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