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SAMARA v. UNITED STATES

39 F.Supp. 880 (1941)

SAMARA v. UNITED STATES.

District Court, S. D. New York.

July 8, 1941.

Attorney(s) appearing for the Case

Kenneth Carroad, of New York City (Clifford H. Rich, of New York City, of counsel), for plaintiff.

Mathias F. Correa, U. S. Atty., of New York City (David McKibbin, 3d, Asst. U. S. Atty., of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion by the defendant to dismiss a complaint in a tax case on the ground that the claim for refund is insufficient to support the jurisdiction.

The suit is to recover compensating taxes paid under Section 15 of the Agricultural Adjustment Act of 1933, 48 Stat. 31, 7 U. S.C.A. § 615. This Act was declared unconstitutional by the Supreme Court in United States v. Butler, 297 U.S. 1, 56 S...

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