GARDNER, Chief Judge.
This case is before us for the second time on petition to review a decision of the Tax Court determining deficiencies in excess profit tax liability of petitioner for the years 1942, 1943 and 1944. On the first petition for review we vacated the judgment of the Tax Court on procedural grounds only and remanded the case to that court for a new trial. Builders Steel Co. v. Commissioner of Internal Revenue, 8 Cir.,
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