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BOEING v. UNITED STATES

No. 48472.

98 F.Supp. 581 (1951)

BOEING v. UNITED STATES.

United States Court of Claims.

July 9, 1951.

Attorney(s) appearing for the Case

Lowell P. Mickelwait, Seattle, Wash., for plaintiff. Holman, Mickelwait, Marion, Prince & Black and DeForest Perkins, Seattle, Wash., were on the briefs.

Elizabeth B. Davis, Washington, D. C., with whom was Asst. Atty. Gen. Theron Lamar Caudle, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

JONES, Chief Judge.

Plaintiff taxpayer was one of several co-owners of certain timberlands in the State of Washington. In 1922 plaintiff and his co-owners entered into a contract with the Greenwood Logging Company. Greenwood agreed to cut and remove timber, sell it at the current market price, and remit one-third of the gross proceeds to the owners —as plaintiff and his associates were referred to in the contract. The remaining two-thirds Greenwood was to retain...

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