HOLLY, District Judge.
Plaintiff sues to recover from defendant, Collector of Internal Revenue for the First District of Illinois, certain excise taxes paid on marshmallows manufactured and sold by plaintiff. The tax was levied on the theory that the marshmallows are candy while plaintiffs contend that they are not, but a food product.
Defendant has moved to dismiss. But one question is presented by this motion.
The complaint, as amended, shows that...
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