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ARKWRIGHT CORPORATION v. UNITED STATES

Civil Action No. 1733.

53 F.Supp. 359 (1943)

ARKWRIGHT CORPORATION v. UNITED STATES.

District Court, D. Massachusetts.

December 14, 1943.

Attorney(s) appearing for the Case

James S. Y. Ivins, of Washington, D. C., Frank L. Kozol, Lee M. Friedman, and Friedman, Atherton, King & Turner, all of Boston, Mass., and Andrew B. Trudgian, of New York City, for plaintiff.

Frederic G. Rita, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Sp. Asst. to Atty. Gen., and Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass., for the Government.

SWEENEY, District Judge.

This is an action to recover taxes which were collected by the Government from the plaintiff under the processing tax laid down in the Agricultural Adjustment Act of 1933, 7 U.S.C.A. § 601 et seq.

When that tax was declared unconstitutional by the Supreme Court in United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914, a method for the proper recovery of the tax was set...

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