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WICKES CORP. v. UNITED STATES

No. 50224.

108 F.Supp. 616 (1952)

WICKES CORP. v. UNITED STATES.

United States Court of Claims.

December 2, 1952.

Attorney(s) appearing for the Case

J. Marvin Haynes and N. Barr Miller, Washington, D. C., for the plaintiff. Haynes & Miller, F. Eberhart Haynes and Oscar L. Tyree, Washington, D. C., were on the briefs.

John W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen. Charles S. Lyon, for the defendant. Andrew D. Sharpe, Washington, D. C., was on the briefs.

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

MADDEN, Judge.

The plaintiff seeks to recover from the Government excess profits taxes in the amount of $43,610.29 for the year 1944 and of $93,146.01 for the year 1945. The taxes were paid by The United States Graphite Company. That company was later merged into the plaintiff company, which succeeded to its rights to the claims herein asserted. The instant dispute depends upon the proper interpretation and application of the statutes permitting a corporation which...

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