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ELGIN-BUTLER BRICK COMPANY v. UNITED STATES

Civ. A. No. 856.

146 F.Supp. 378 (1956)

ELGIN-BUTLER BRICK COMPANY v. UNITED STATES of America.

United States District Court W. D. Texas, Austin Division.

November 14, 1956.

Attorney(s) appearing for the Case

Joseph B. Brennan, Atlanta, Ga., Willis B. Snell, Washington, D. C., Jay H. Brown, Frank C. Erwin, Jr., Austin, Tex., Sutherland, Asbill & Brennan, Atlanta, Ga., Hart, Brown, Sparks & Erwin, Austin, Tex., for plaintiff.

Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe, David W. Richter, Gerald J. O'Brien, Attys., Dept. of Justice, Washington, D. C., Russell B. Wine, U. S. Atty., San Antonio, Tex., for defendant.

RICE, Chief Judge.

This suit is for the recovery of income tax and interest thereon heretofore assessed against, and collected from, plaintiff by defendant for plaintiff's taxable years 1951, 1952, and 1953, and is brought pursuant to the provisions of Section 1346(a) (1) of Title 28 of the United States Code, Act of June 25, 1948, c. 646, 62 Stat. 869, as amended by the Act of July 30, 1954, c. 648, sec. 1, 68 Stat. 589.

The suit arises under the provisions...

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