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MORRISTOWN KNITTING MILLS v. UNITED STATES

No. 45241.

42 F.Supp. 817 (1942)

MORRISTOWN KNITTING MILLS, Inc., v. UNITED STATES.

Court of Claims.

February 2, 1942.

Attorney(s) appearing for the Case

George E. H. Goodner, of Washington, D. C. (Helen Goodner, of Washington, D. C., on the brief; Scott P. Crampton, of Washington, D. C., of counsel), for plaintiff.

L. H. Will, of Washington, D. C., and Samuel O. Clark, Jr., 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 MADDEN, Judges.

MADDEN, Judge.

Plaintiff sues to recover $1,056.20, paid as a floor stocks tax under the Agricultural Adjustment Act, 48 Stat. 31, 40, which tax the Supreme Court of the United States held in United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914, had not been constitutionally levied. The Revenue Act of 1936, 49 Stat. 1648, enacted after the Supreme Court's decision...

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