Legal Opinion · Dissent

United States ex rel. New River Co. v. Morgenthau

Court of Appeals for the D.C. Circuit

Decided April 3, 1939No. 7262Published

1DissentStephens, Associate Justice

I am of the view that under McCarl v. United States ex rel. Leland, 1930, 59 App. D.C. 362, 42 F.2d 346; Lucas v. United States ex rel. Blackstone Mfg. Co., 1930, 59 App.D.C. 389, 45 F.2d 291; and American Propeller & Mfg. Co. v. United States, 1937, 300 U.S. 475, 57 S.Ct. 521, 81 L.Ed. 751, it was the duty of the Commissioner to apply the $110,000 against the several deficiencies as they came- due and therefore to charge no interest against the petitioner until the balance of the indebtedness was in the Government’s favor; and I think that under Blair v. United States ex rel. Union Pacific…

2Cases cited4 opinions

  1. American Propeller & Manufacturing Co. v. United StatesSupreme Court of the United States · 1937
  2. McCarl v. United States ex rel. LelandDistrict Court, District of Columbia · 1930
  3. Lucas v. United States ex rel. Blackstone Mfg. Co.Court of Appeals for the D.C. Circuit · 1930
  4. Blair v. United States Ex rel. Union Pac. R.Court of Appeals for the D.C. Circuit · 1925

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