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DANAHY PACKING CO. v. McGOWAN

Nos. 1972, 1975.

12 F.Supp. 457 (1935)

DANAHY PACKING CO. v. McGOWAN, Individually and as Collector of Internal Revenue. WASHBURN CROSBY CO., Inc., v. SAME.

District Court, W. D. New York.

October 24, 1935.

Attorney(s) appearing for the Case

John W. Ryan, of Buffalo, N. Y., for plaintiff Danahy Packing Co.

Locke, Babcock, Hollister & Brown, of Buffalo, N. Y. (Charles B. Rugg, of Boston, Mass., of counsel), for plaintiff Washburn Crosby Co., Inc.

Frank J. Wideman, Asst. Atty. Gen., and George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

The above-entitled actions, and others in which similar relief is sought, have been brought to obtain decrees enjoining the defendant from the collection of processing taxes assessed under the Agricultural Adjustment Act for a declaratory judgment declaring such act unconstitutional. On August 2, 1933, upon the applications of these plaintiffs, and after a hearing in which the defendant opposed the applications and moved to dismiss the bills...

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