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INTERWOVEN STOCKING CO. v. UNITED STATES

No. C-1512.

52 F.Supp. 966 (1943)

INTERWOVEN STOCKING CO. v. UNITED STATES.

District Court, D. New Jersey.

October 28, 1943.

Attorney(s) appearing for the Case

Remsen Cowenhoven, of New Brunswick, N.J. (Kirlin, Campbell, Hickox, Keating & McGrann by A. Maurice Fridlund, all of New York City, and C. S. Cunningham, of Ossining, N. Y., of counsel), for plaintiff.

Charles M. Phillips, U. S. Atty., by B. Thorn Lord, Asst. U. S. Atty., both of Trenton, N.J., and Frederick G. Rita, Sp. Asst. to Atty. Gen., for defendant.

FORMAN, District Judge.

This action is to recover cotton floor stock taxes exacted under the Agricultural Adjustment Act, which was held 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.

The procedure by which application may be made for refunds of processing and floor stock taxes imposed under the Agricultural Adjustment Act is set out in 26 U.S.C.A. Int.Rev.Acts, pages...

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