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H. T. POINDEXTER & SONS M. CO. v. UNITED STATES

No. 807.

40 F.Supp. 787 (1941)

H. T. POINDEXTER & SONS MERCHANDISE CO. v. UNITED STATES.

District Court, W. D. Missouri, W. D.

September 18, 1941.

Attorney(s) appearing for the Case

Meredith M. Daubin, of Washington, D. C., and William G. Holt, of Kansas City, Mo., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to Atty. Gen., and Maurice M. Milligan, U. S. Dist. Atty., and Charles F. Lamkin, Jr., Asst. U. S. Dist. Atty., both of Kansas City, Mo., for defendant.

REEVES, District Judge.

This is a suit for the sum of $44,926.22, under the Revenue Act of 1936, which provides for the recovery of a floor-stocks tax exacted under the Agricultural Adjustment Act.

By the Agricultural Adjustment Act such tax was imposed upon merchandise manufactured in whole or in part from cotton. The Act was held unconstitutional in United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R...

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