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WAGAR LUMBER COMPANY v. UNITED STATES

No. 2412.

181 F.Supp. 388 (1960)

WAGAR LUMBER COMPANY, a corporation in dissolution, and F. H. Hulbert, Sr., its liquidating trustee, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Washington, S. D.

February 23, 1960.

Attorney(s) appearing for the Case

Bogle, Bogle & Gates, Edward G. Dobrin and George N. Prince, Seattle, Wash., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Rufus E. Stetson, Jr., and Thomas A. Frazier, Jr., Attys., Dept. of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Seattle, Wash., and Charles W. Billinghurst, Asst. U. S. Atty., Tacoma, Wash., for the United States.

BOLDT, District Judge.

This is an action for recovery of income and excess profits taxes and interest thereon assessed and collected over protest from plaintiff corporation for the fiscal year ending September 30, 1951. The facts are well stated in the pretrial order and are not in dispute.

The issue presented is whether plaintiff corporation acquired its contract right to cut timber in the Boulder Creek Logging Unit of the Quinault Indian Reservation, Grays...

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