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UNITED STATES v. WALKER-HILL CO.

Civil Action No. 48 C 507.

79 F.Supp. 482 (1948)

UNITED STATES v. WALKER-HILL CO.

District Court, N. D. Illinois, E. D.

August 19, 1948.

Attorney(s) appearing for the Case

Otto J. Kerner, Jr., U. S. Atty., and Leroy Krein, Asst. U. S. Atty., both of Chicago, Ill., for plaintiff.

Kegan & Kegan, of Chicago, Ill., for defendant.

LA BUY, District Judge.

This suit was filed by the United States on April 14, 1948 to recover payment made on or about September 24, 1943 of drawback of tax pursuant to Section 3250(l) (5) of Title 26, U.S.C.A.Int.Rev.Code.

Defendant manufactures eggnog in the production of which distilled spirits are used. The pertinent sub-paragraphs of Section 3250 giving rise to the issue here presented are as follows:

"(l) Manufacturers or producers...

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