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FOX RIVER PAPER CORP. v. UNITED STATES

No. 1955.

65 F.Supp. 605 (1946)

FOX RIVER PAPER CORPORATION v. UNITED STATES.

District Court, E. D. Wisconsin.

April 30, 1946.

Attorney(s) appearing for the Case

Leo J. Federer and Edmund B. Shea, both of Milwaukee, Wis., for plaintiff.

Timothy Cronin, U. S. Atty., and E. J. Koelzer, Asst. U. S. Atty., both of Milwaukee, Wis., and Carroll Sizer, Sp. Asst. to the Atty. Gen., for defendant.

DUFFY, District Judge.

This is an action to recover income taxes alleged to have been overpaid in the two fiscal years ending November 30, 1939, and November 30, 1940, respectively.

On November 28, 1938, plaintiff purchased the paper mill property and business of the Fox River Paper Company (hereinafter called "old company") which was located at Appleton, Wisconsin. The price paid was $1,250.000 in cash and 5,000 shares of plaintiff's preferred stock, plus...

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