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STEPHANO BROS., ETC. v. UNITED STATES

No. 48743.

89 F.Supp. 693 (1950)

STEPHANO BROS. TO USE OF GREAT AMERICAN INS. CO. et al. v. UNITED STATES.

United States Court of Claims.

April 3, 1950.

Attorney(s) appearing for the Case

Jaquelin A. Marshall and Hugh H. Obear, Washington, D. C., for plaintiff. Sands, Marks & Sands, Richmond, Va., and Douglas, Obear & Campbell, Washington, D. C., were on the brief.

Joseph H. Sheppard, Washington, D. C., with whom was Assistant Attorney General Theron L. Caudle, for defendant.

Before JONES, Chief Judge, and MADDEN, HOWELL, WHITAKER and LITTLETON, Judges.

MADDEN, Judge.

The plaintiff, a manufacturer of cigarettes, on January 17, 1946, removed from its factory at Philadelphia for consumption or sale 1,060 cases of Marvel brand cigarettes. It had affixed to the packages of cigarettes the appropriate federal internal revenue stamps for which stamps it had paid $37,100. The cigarettes were delivered to the Baltimore and Ohio Railroad Company consigned to the plaintiff at St...

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