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LIGGETT & MYERS TOBACCO CO. v. UNITED STATES

Nos. 42107, 42411, 42412.

13 F.Supp. 143 (1936)

LIGGETT & MYERS TOBACCO CO. v. UNITED STATES. COMMONWEALTH OF MASSACHUSETTS v. UNITED STATES. LIGGETT & MYERS TOBACCO CO., on Behalf of COMMONWEALTH OF MASSACHUSETTS, v. UNITED STATES.

Court of Claims.

January 6, 1936.

Attorney(s) appearing for the Case

Henry F. Long, of Boston, Mass., for plaintiffs.

Fred K. Dyar, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen., for defendants.

John J. Bennett, Jr., Atty. Gen. (Wendell P. Brown, of Albany, N. Y., on the brief), amicus curiæ for the State of New York.

A. A. F. Seawell, Atty. Gen., Charles Ross, of Raleigh, N. C., and Edward A. Adams, of Los Angeles, Cal., amici curiæ for the States of North Carolina, South Carolina, and California.

Paul A. Dever, Atty. Gen. (Charles F. Lovejoy, of Boston, Mass., on the brief), for the Commonwealth of Massachusetts.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

GREEN, Judge.

The three cases above entitled are by agreement submitted together. The facts upon which the issue arises and the issue itself are the same in each case, but only one of the parties plaintiff can in any event recover judgment.

The commonwealth of Massachusetts, a state, owns and operates a public hospital known as the Boston State Hospital. In the course of the treatment of patients in this hospital manufactured tobacco is distributed free of...

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