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RIDDELL v. VICTORVILLE LIME ROCK CO.

No. 16714.

292 F.2d 427 (1961)

Robert A. RIDDELL, District Director of Internal Revenue, former Collector of Internal Revenue, Appellant, v. VICTORVILLE LIME ROCK CO., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 23, 1961.

Attorney(s) appearing for the Case

Howard A. Heffron, Acting Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, James P. Turner, Attys., Dept. of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Edward R. McHale, Eugene N. Sherman, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Watkins, Lund & Peck, Richard F. Alden, Robert J. Blaylock, Los Angeles, Cal., Harold E. Smith, Atlanta, Ga., for appellee.

Before STEPHENS, BARNES and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

Before us is an appeal by the appellant from a judgment of the district court awarding a refund of a portion of the income and excess profits taxes assessed against and paid by appellee for the calendar years 1950 through 1953.

Jurisdiction was conferred on the district court by Title 28 U.S.C.A. § 1346. This Court has jurisdiction of the appeal under Title 28 U.S.C.A. §§ 1291 and 1294.

Appellee is a California...

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