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F. G. VOGT & SONS v. ROTHENSIES

No. 8687.

11 F.Supp. 225 (1935)

F. G. VOGT & SONS, Inc., v. ROTHENSIES, Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

July 17, 1935.

Attorney(s) appearing for the Case

J. Willison Smith, Jr., James A. Montgomery, Jr., Humbert B. Powell, and George Wharton Pepper, all of Philadelphia, Pa., for plaintiff.

Prew Savoy, Sol., Department of Agriculture, of Washington, D. C., Thomas J. Curtin, Asst. Dist. Atty., of Philadelphia, Pa., Robert N. Anderson, Sp. Asst. to Atty. Gen., Charles D. McAvoy, U. S. Atty., of Philadelphia, Pa., and Frank B. Wideman, Asst. Atty. Gen., for defendant.

KIRKPATRICK, District Judge.

This suit in equity is to restrain the collector of internal revenue from proceeding to collect a tax, and the prayer of the bill is in the alternative for injunctive relief or, in the event that such relief is not granted, then for a judgment declaring the taxing statute unconstitutional. The suit has to do with the tax levied by section 9 of the Agricultural Adjustment Act, as amended, 7 U. S. C. § 609 (7 USCA § 609), as applied...

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