UNITED STATES v. SMITH

Nos. 2399, 2400.

39 F.2d 851 (1930)

UNITED STATES v. SMITH. SAME v. BROWN et al.

Circuit Court of Appeals, First Circuit.

April 11, 1930.


Attorney(s) appearing for the Case

Judson S. Bohannan, Assistant to Solicitor, Department of Agriculture, of Washington, D. C. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., and Elton L. Marshall, Sol., Department of Agriculture, of Washington, D. C., on the brief), for the United States.

Lothrop Withington, of Boston, Mass. (Sherman L. Whipple and Claude B. Cross, both of Boston, Mass., on the brief), for appellees.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.


WILSON, Circuit Judge.

These are actions at law to recover what are termed excess gross profits under certain regulations issued by the so-called Wool Division of the War Industries Board under date of May 21, 1918, with the purpose of controlling the collection and distribution of the wool clip of that year.

After the court below had overruled the defendant's demurrer in each case and permitted the defendant to answer...

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