PHEZ CO. v. UNITED STATES

Nos. 9863, 9862.

25 F.2d 1011 (1927)

PHEZ CO. v. UNITED STATES. NORTHWEST FRUIT PRODUCTS CO. v. SAME.

District Court, D. Oregon.

December 19, 1927.


Attorney(s) appearing for the Case

Carey & Kerr, Chas. E. McCulloch, and Ivan F. Phipps, all of Portland, Or., for appellants.

J. O. Stearns, Jr., of Portland, Or., for the United States.


BEAN, District Judge.

The statute under which the tax in question was levied, assessed and collected provides that there shall be "levied, assessed, collected, and paid in lieu of the taxes imposed by sections 313 and 315 of the Revenue Act of 1917 * * * upon all unfermented grape juice, ginger ale, root beer, sarsaparilla, pop, artificial mineral waters (carbonated or not carbonated), other carbonated waters or beverages...

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