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SERVEL, INC. v. UNITED STATES

Nos. 44848, 43929, 43947.

35 F.Supp. 466 (1940)

SERVEL, Inc., v. UNITED STATES. UNITED MOTORS SERVICE, Inc., v. SAME. GENERAL MOTORS CORPORATION v. SAME.

Court of Claims.

November 12, 1940.

Attorney(s) appearing for the Case

Leland T. Atherton, of New York City (Chadbourne, Hunt, Jaeckel & Brown, of New York City, on the briefs), for plaintiff in case No. 44848.

Benjamin E. Jaffe, of Detroit, Mich. (R. M. O'Hara, of Detroit, Mich., on the briefs), for plaintiffs in cases Nos. 43929 and 43947.

George H. Foster, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON, and WHITAKER, Judges.

GREEN, Judge.

The three cases above named all involve the same question and were submitted at the same time. In each of these cases the defendant demurs to the petition which is based primarily on an allegation that the capital-stock tax is unconstitutional and void. This presents the only question raised for determination.

The question of the validity of the capital-stock tax has several times been before this court and other courts. In each instance it has...

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