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KENAN v. McGOWAN

Civil Action No. 2733.

69 F.Supp. 95 (1946)

KENAN v. McGOWAN, Collector of Internal Revenue.

District Court, W. D. New York.

November 14, 1946.

Attorney(s) appearing for the Case

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo (Daniel G. Yorkey and Albert R. Mugel, both of Buffalo, of counsel), for plaintiff.

Douglas W. McGregor, Asst. Atty. Gen., and Andrew D. Sharpe and John P. Wenchel, Jr., Sp. Assts. to Atty. Gen. (George L. Grobe, U. S. Atty., and R. N. Kirchgraber, Asst. U. S. Atty., both of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Plaintiff owns Randleigh Farm, a breeding farm for Jersey cattle, located near Lockport, New York, comprising about 600 acres. On it he maintains about 200 head of cattle. He alleges that it is not a dairy farm but that he obtains milk and dairy products as by-products of his breeding operations and that these are sold either on the farm or through delivery to customers on one milk route and are superior to ordinary commercial milk and command...

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