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CLARKE v. HABERLE BREWING CO.

No. 68.

280 U.S. 384 (1930)

CLARKE, COLLECTOR OF INTERNAL REVENUE, v. HABERLE CRYSTAL SPRINGS BREWING COMPANY.

Supreme Court of United States.

Decided January 27, 1930.

Attorney(s) appearing for the Case

Assistant Attorney General Youngquist, with whom Solicitor General Hughes, Messrs. Sewall Key and Norman D. Keller, Special Assistants to the Attorney General, Clarence M. Charest, General Counsel, Bureau of Internal Revenue, and T.H. Lewis, Jr., were on the brief, for petitioner.

Mr. Arthur A. Ballantine, with whom Mr. George E. Cleary was on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

A writ of certiorari was granted in this case on May 13, 1929, on account of a conflict between the judgment below, 30 F.2d 219, (reversing 20 F.2d 540,) and Red Wing Malting Co. v. Willcuts, 15 F.2d 626, (certiorari denied, 273 U.S. 763,) the latter case having been followed by Landsberger

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