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BEST BUTTER CO. v. UNITED STATES

Nos. 44008, 45764.

53 F.Supp. 224 (1944)

BEST BUTTER CO. v. UNITED STATES.

Court of Claims.

January 3, 1944.

Attorney(s) appearing for the Case

David J. Shorb and Earle W. Wallick, both of Washington, D. C., for plaintiff.

Joseph H. Sheppard, 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.

LITTLETON, Judge.

The facts which are pertinent and necessary to the decision of the questions presented are set forth in the findings. The issues have already been stated hereinbefore. It is not deemed necessary to discuss the conflicting testimony of plaintiff's and defendant's witnesses. It is sufficient here to say that the butter involved and which the defendant taxed as adulterated is butter which had been first manufactured by others and purchased by plaintiff...

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