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RIVERSIDE CEMENT CO. v. ROGAN

No. 2923-Y.

59 F.Supp. 401 (1945)

RIVERSIDE CEMENT CO. v. ROGAN.

District Court, S. D. California, Central Division.

February 28, 1945.

Attorney(s) appearing for the Case

O'Melveny & Myers, of Los Angeles, Cal., for plaintiff.

Charles H. Carr, U. S. Atty., and Edward H. Mitchell and George M. Bryant, Asst. U. S. Attys., all of Los Angeles, Cal., for defendant.

YANKWICH, District Judge.

By this action, the plaintiff, Riverside Cement Company, a Delaware corporation, seeks to recover the sum of $28,652.73, as excess income tax it claims to have paid for the year 1936. Claim for the refund of the amount was duly made and rejected by the then Collector of Internal Revenue for the Southern District of California.

The plaintiff corporation was formed in 1928, at which time it acquired, in exchange for certain of its capital...

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