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BALTIC MILLS CO. v. BITGOOD

Nos. 2475, 2476.

12 F.Supp. 132 (1935)

BALTIC MILLS CO. v. BITGOOD, Acting Collector of Internal Revenue. POWDRELL & ALEXANDER, Inc., v. SAME.

District Court, D. Connecticut.

August 28, 1935.

Attorney(s) appearing for the Case

J. Harold Williams, of Gross, Hyde & Williams, of Hartford, Conn., Hinckley, Allen, Tillinghast & Wheeler, of Providence, R. I. (Arthur M. Allen, Hayward T. Parsons, and Noel M. Field, all of Providence, R. I., of counsel), for Baltic Mills Co.

Sabin S. Russell, of Danielson, Conn., for Powdrell & Alexander, Inc.

Robert P. Butler, U. S. Atty., and George H. Cohen, Asst. U. S. Atty., both of Hartford, Conn., and James E. Murphy, Department of Justice, Washington, D. C., for Collector of Internal Revenue.

HINCKS, District Judge.

These bills each allege that the plaintiff is a processor within the definitions of the Agricultural Adjustment Act, hereinafter referred to as the AAA, 7 USCA § 601 et seq., and the Regulations issued by the Commissioner of Internal Revenue and approved by the Secretary of the Treasury; that notwithstanding the unconstitutionality of the AAA, the defendant will assess and collect by summary proceedings, or otherwise, processing taxes...

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