Kentucky Rock Asphalt Co. v. Helburn

HICKS, Circuit Judge,

Suit by Kentucky Rock Asphalt-Company (herein called appellant) to recover income taxes and interest in the sum of $26,746.51 paid to Helburn, Collector. The case was heard by the Judge and appellant’s motion for judgment was denied. The court filed its written opinion on August 28, 1937, D. G, 20 F.Supp. 364, but before judgment was entered appellant, on September 18, 1937, filed its petition “for a new trial and a reopening of the ‘ case for further proof.” By an amendment to this application, filed November 13,' 1937, appellant sought to amend its original petition so…