UNITED STATES v. GLIDDEN CO.

No. 17954.

8 F.Supp. 177 (1934)

UNITED STATES v. GLIDDEN CO. et al.

District Court, N. D. Ohio, E. D.

July 9, 1934.


Attorney(s) appearing for the Case

E. B. Freed, U. S. Atty., of Cleveland, Ohio, and George W. Whiteside, Abraham Benedict, James M. Hoffa, and Samuel Klaus, Sp. Assts. to the Atty. Gen.

Squire, Sanders & Dempsey, of Cleveland, Ohio, for defendants.


JONES, District Judge.

The demurrer of the government is directed against certain defenses set up in the defendants' answer, among which are that the claim of the government is a penalty, not a tax, and that the defendants have already been penalized in an earlier criminal action for substantially the same alleged diversion of alcohol; that the collection of the claimed tax is barred by the repeal of the prohibition amendment; that the collection is barred by the...

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