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H. R. LABORATORIES v. UNITED STATES

55 F.Supp. 266 (1943)

H. R. LABORATORIES, Inc., v. UNITED STATES et al.

District Court, S. D. New York.

November 29, 1943.

Attorney(s) appearing for the Case

Henry M. Flateau and Andrew B. Trudgian, both of New York City, for plaintiff.

Mathias F. Correa, U. S. Atty., and William L. Lynch, Asst. U. S. Atty., both of New York City, for defendant.

JAMES ALGER FEE, District Judge.

In this action plaintiff attempts to recover from the United States and the tax collector, certain amounts paid as excise taxes levied upon it1 as a manufacturer of soaps, cosmetics and toilet preparations.

Section 619(b) (3) provides that if an article is sold at less than a fair market price and otherwise than through an arm's-length transaction, the...

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