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FOLEY v. MILLER

No. 2553.

24 F.2d 722 (1928)

FOLEY v. MILLER, Collector of Internal Revenue, et al.

District Court, S. D. Ohio, E. D.

February 28, 1928.

Attorney(s) appearing for the Case

R. W. Childs, of Chicago, Ill., and James A. Allen, of Columbus, Ohio, for plaintiff.

Haveth E. Mau, Dist. Atty., and Simon Ross, Asst. Dist. Atty., both of Cincinnati, Ohio, for defendants.

HOUGH, District Judge.

This is an action by which the plaintiff, a groceryman, licensed to sell "oleomargarine free from artificial coloration to look like butter of any shade of yellow," seeks to recover from the collector of internal revenue the sum of $44, which was assessed against him, on the ground that certain oleomargarine which he had and offered for sale was not free from artificial coloration.

A jury was waived in writing, and the case was tried...

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