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BRANDWEIN & CO. v. UNITED STATES

No. 3680.

44 F.Supp. 17 (1942)

BRANDWEIN & CO. v. UNITED STATES.

District Court, N. D. Illinois, E. D.

March 12, 1942.

Attorney(s) appearing for the Case

David Brandwein, of Chicago, Ill., and Kenneth Carroad, of New York City, for plaintiff.

J. Albert Woll, U. S. Dist. Atty., of Chicago, Ill., for defendant.

HOLLY, District Judge.

Plaintiff sues to recover the sum of $7,977.77 paid as cotton floor stock taxes under the provisions of the Agricultural Adjustment Act of 1933, 7 U.S.C.A. § 601 et seq., which was later declared to be unconstitutional in United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914. Of this amount the Government contends, and the plaintiff does not deny, $128.71 has been repaid leaving...

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