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LOUISVILLE TRUST CO. v. GLENN

No. 541.

66 F.Supp. 872 (1946)

LOUISVILLE TRUST CO. v. GLENN, Collector of Internal Revenue, et al.

District Court, W. D. Kentucky, Louisville Division.

August 2, 1946.

Attorney(s) appearing for the Case

Ogden, Galphin, Tarrant & Street, of Louisville, Ky., for plaintiff.

Irvin Marcus and J. Verser Conner, both of Louisville, Ky., for defendant Cummins Distilleries Co.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Homer R. Miller, and Robert R. Reynolds, Jr., Sp. Assts. to the Atty. Gen., David C. Walls, U. S. Dist. Atty., of Louisville, Ky., for the United States.

MILLER, Circuit Judge. (Sitting by designation).

The United States, intervening petitioner herein, has filed motions (1) to modify and vacate the judgment entered herein on June 7, 1946, D.C., 65 F.Supp. 193, and (2) to strike from the record the amended answer, counterclaim and cross-petition of defendant Cummins Distilleries Corporation filed herein on June 7, 1946.

Complaint is made of Paragraph 5 of the judgment in...

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