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FAJARDO SUGAR GROWERS ASS'N v. UNITED STATES

76 F.Supp. 377 (1948)

FAJARDO SUGAR GROWERS ASS'N v. UNITED STATES.

District Court, S. D. New York.

February 26, 1948.

Attorney(s) appearing for the Case

Irving Jay Greenspan, of New York City (Isidor Enselman, of New York City, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City (Keith Brown and Orest V. Maresca, Asst. U. S. Attys., both of New York City, of counsel), for defendant.

COXE, District Judge.

This action was brought to recover excise taxes alleged to have been illegally assessed against plaintiff under the Sugar Act of 1937, 7 U.S.C.A., §§ 1100-1183. Defendant moves, before answer, for an order granting summary judgment in its favor, or, in the alternative, dismissing the complaint, upon the ground of lack of jurisdiction over the subject matter inasmuch as plaintiff's second claim for refund is a duplicate of its prior...

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