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UNITED CIGAR STORES CO. OF AMERICA v. UNITED STATES

No. F-102.

50 F.2d 466 (1931)

UNITED CIGAR STORES CO. OF AMERICA v. UNITED STATES.

Court of Claims.

June 1, 1931.

Attorney(s) appearing for the Case

Edward F. Spitz, of New York City (Sol. M. Stroock, of New York City, and Carlin, Carlin & Hall, of Washington, D. C., on the brief), for plaintiff.

Joseph H. Sheppard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

BOOTH, Chief Justice.

This case is before the court upon defendant's demurrer to plaintiff's petition. Plaintiff is a New Jersey corporation engaged in selling, at retail, cigars, cigarettes, tobacco, and other merchandise through stores and agencies located in the principal cities of the United States. Between October 1, 1920, and June 30, 1924, in its regular course of business, the plaintiff delivered to each of its customers purchasing articles of merchandise...

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