MR. JUSTICE HOLMES delivered the opinion of the Court.
This is a suit brought by the P. Lorillard Company to recover by way of drawback a tax paid by it upon 153,050,000 cigarettes of its manufacture exported after the tax had been paid. The Company recovered in the Court of Claims and the United States appeals. The total was $3 a thousand and was collected under successive Acts as follows. A tax of $1.25 per thousand was imposed by Rev. Sts. § 3394 and was paid...
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