UNITED STATES v. SMITH

No. 1742.

32 F.2d 901 (1929)

UNITED STATES v. SMITH.

District Court, D. Massachusetts.

May 22, 1929.


Attorney(s) appearing for the Case

Frederick H. Tarr, U. S. Atty., and John V. Spalding, Asst. U. S. Atty., both of Boston, Mass., and J. S. Bohannan, Asst. to Sol., Department of Agriculture, of Washington, D. C., for the United States.

Sherman L. Whipple, Lothrop Withington, and Claude B. Cross, all of Boston, Mass., for defendant.


MORTON, District Judge.

This is an action, based on the regulations of the War Industries Board governing dealers in wool, to recover from the defendant, who was a central wool dealer, his profits for the year 1918, in excess of 5 per cent. of his gross sales. A demurrer to the declaration was heard and overruled. U. S. v. Smith (D. C.) 285 F. 751. The facts are settled by stipulation of the parties; and the question is which party is entitled to judgment.

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