LARABEE FLOUR MILLS CO. v. NEE

Nos. 2725, 2730, 2733, 2734, 2738, 2739, 2741-2752, 2754, 2755, 2762, 2765, 2766, 2771.

12 F.Supp. 395 (1935)

LARABEE FLOUR MILLS CO. v. NEE, and twenty-three other cases.

District Court, W. D. Missouri, W. D.

October 3, 1935.


Attorney(s) appearing for the Case

McCune, Caldwell & Downing, of Kansas City, Mo., for plaintiff in No. 2725.

A. Z. Patterson and D. C. Chastain, both of Kansas City, Mo., for plaintiff in No. 2730.

Cecil H. Haas, of Kansas City, Mo., for plaintiffs in Nos. 2733 and 2734.

Philip L. Levi, of Kansas City, Mo., for plaintiff in No. 2738.

E. S. McAnany, of Kansas City, Kan., for plaintiff in No. 2739.

Mann, Mann & Miller, of Springfield, Mo., for plaintiff in No. 2741.

McReynolds & Flanigan, of Carthage, Mo., for plaintiffs in Nos. 2742, 2746, 2748, and 2749.

Glen A. Wisdom, of Kansas City, Mo., for plaintiffs in Nos. 2743-2745 and 2762.

Hunt C. Moore, A. F. Smith, and George T. Aughinbaugh, all of Kansas City, Mo., for plaintiff in No. 2747.

Mercer Arnold, of Joplin, Mo., for plaintiff in No. 2750.

David S. Alper and Max A. Patten, Jr., both of Joplin, Mo., for plaintiff in No. 2751.

Burrus & Burrus, of Independence, Mo., for plaintiff in No. 2752.

Elias Berell and W. I. Farmer, both of Kansas City, Mo., for plaintiff in No. 2754.

Charles M. Grayston, of Joplin, Mo., for plaintiff in No. 2755.

Conrad & Durham, of Kansas City, Mo., for plaintiff in No. 2765.

Matthew H. Galt and Wm. D. Tatlow, both of Springfield, Mo., for plaintiff in No. 2766.

Charles M. Grayston, of Joplin, Mo., for plaintiff in No. 2771.

Maurice M. Milligan, U. S. Atty., and Thomas A. Costolow, Asst. U. S. Atty., both of Kansas City, Mo., for defendant in all cases.


OTIS, District Judge.

Plaintiff's bill in each of these cases alleges that the plaintiff is subject to the processing tax provided for in the Agricultural Adjustment Act (48 Stat. 31, as amended, title 7, U. S. C. § 601 et seq.); that demand has been made by the defendant that it pay the tax; that the provision for the tax in the act is invalid because beyond the constitutional authority of the Congress. The bill prays that the defendant be enjoined from collecting...

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