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TRUNZ PORK STORES v. RASQUIN

No. 7361.

22 F.Supp. 1020 (1938)

TRUNZ PORK STORES, Inc., v. RASQUIN.

District Court, E. D. New York.

April 6, 1938.

Attorney(s) appearing for the Case

Percy W. Phillips, of Washington, D. C. (Ivins, Phillips, Graves & Barker, of Washington, D. C., of counsel), for plaintiff.

Harold St. L. O'Dougherty, U. S. Atty., and Frank J. Parker, Asst. U. S. Atty., both of Brooklyn, N. Y., James W. Morris, Asst. Atty. Gen., and Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to Atty. Gen., for defendant.

ABRUZZO, District Judge.

The plaintiff instituted this suit to recover the sum of $323,035.75 alleged to have been erroneously and illegally collected by the defendant as processing taxes under the provisions of the Agricultural Adjustment Act, as amended, 7 U.S.C.A. § 601 et seq.

The complaint alleges that from June 1, 1934, to February 28, 1935, and before and after said period, the plaintiff was engaged in the business of packing, curing, and selling...

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