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EINSON-FREEMAN CO. v. CORWIN

No. 165.

29 F.Supp. 98 (1939)

EINSON-FREEMAN CO., Inc., v. CORWIN et al.

District Court, E. D. New York.

September 15, 1939.

Attorney(s) appearing for the Case

Newman & Bisco, of New York City (Leonard G. Bisco and Frederick E. Winkler, both of New York City, of counsel), for plaintiff.

Sewall Key, Acting Asst. Atty. Gen. (Frederic G. Rita and Andrew D. Sharpe, Sp. Assts. to Atty. Gen., and Vine H. Smith, U. S. Atty., and Frank J. Parker, Asst. U. S. Atty., both of Brooklyn, N. Y., of counsel), for defendants.

ABRUZZO, District Judge.

This action was instituted by the plaintiff against the defendants to recover manufacturer's excise tax which was paid by the plaintiff pursuant to Section 609 of the Revenue Act of 1932, 26 U.S.C.A. following section 1481. The amounts claimed are $11,643.88 and $8,141.72, respectively.

In order not to confuse the issue, upon the trial, all items other than the American News Company were withdrawn from the consideration of the Court...

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