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LASH'S PRODUCTS CO. v. UNITED STATES

No. 98.

278 U.S. 175 (1929)

49 S.Ct. 100

73 L.Ed. 251

LASH'S PRODUCTS COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided January 2, 1929.

Attorney(s) appearing for the Case

Mr. A.R. Serven, with whom Messrs. Daniel R. Forbes and Richard D. Daniels were on the brief, for petitioner.

Solicitor General Mitchell, with whom Assistant Attorney General Galloway and Mr. Gardner P. Lloyd were on the brief, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a suit to recover the amount of certain taxes paid under the Revenue Act of 1918 (Act of February 24, 1919, c. 18, § 628, 40 Stat. 1057, 1116). By § 628 there is imposed on "soft drinks, sold by the manufacturer, . . . in bottles or other closed containers, a tax equivalent to 10 per centum of the price for which so sold." This tax was paid by the petitioner, calculated at ten per centum of the...

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