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GALLARDO v. PORTO RICAN AMERICAN TOBACCO CO.

No. 2213.

26 F.2d 668 (1928)

GALLARDO v. PORTO RICAN AMERICAN TOBACCO CO.

Circuit Court of Appeals, First Circuit.

May 31, 1928.

Attorney(s) appearing for the Case

William Cattron Rigby, of Washington, D. C. (George C. Butte, Atty. Gen., of counsel), for appellant.

Charles S. Day, Jr., of New York City, for appellee.

Before BINGHAM and JOHNSON, Circuit Judges, and HALE, District Judge.

JOHNSON, Circuit Judge.

In this case a motion to dismiss for want of jurisdiction was filed by the appellant before printing the transcript of the record.

On March 4, 1927, Congress amended section 48 of the Organic Act of Porto Rico by adding thereto the following paragraph:

"That no suit for the purpose of restraining the assessment or collection of any tax imposed by the laws of Porto Rico shall be maintained in the District Court of the United...

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