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JOSEPH E. SEAGRAM & SONS v. UNITED STATES

No. 44782.

36 F.Supp. 1013 (1941)

JOSEPH E. SEAGRAM & SONS, Inc., v. UNITED STATES.

Court of Claims.

February 3, 1941.

Attorney(s) appearing for the Case

Alfred D. Van Buren, of New York City, (Davies, Richberg, Beebe, Busick & Richardson, of Washington, D. C., on the brief), for plaintiff.

S. E. Blackham, of Washington, D. C., and Samuel O. Clark, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

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

WHITAKER, Judge.

Plaintiff sues to recover the tax assessed on 726.6 proof gallons of gin which were lost as a result of the overflowing of one of the cisterns or tanks in the cistern room of its distillery. The tank overflowed as a result of the failure of the plaintiff's employee to change the valve on the pipes leading from the gin house to the cistern room so as to change the flow of spirits from tank Number 15 into tank Number 14.

Prior to the transfer...

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