GORTON-PEW FISHERIES CO. v. MALLEY

Nos. 3371, 3372, 3373, 5544.

8 F.Supp. 39 (1934)

GORTON-PEW FISHERIES CO. v. MALLEY, formerly Collector of Internal Revenue, and three other cases.

District Court, D. Massachusetts.

August 7, 1934.


Attorney(s) appearing for the Case

Hale & Dorr and Daniel L. Brown, all of Boston, Mass., for Gorton-Pew Fisheries Co. and Gorton-Pew Vessels Co.

Francis J. W. Ford, U. S. Atty., and J. Duke Smith, Sp. Asst. to U. S. Atty., both of Boston, Mass., Frank J. Wideman, Asst. Atty. Gen., and Andrew D. Sharpe and Frederick W. Dewart, Sp. Assts. to the Atty. Gen., for John F. Malley.

Francis J. W. Ford, U. S. Atty., and J. Duke Smith, Sp. Asst. to the U. S. Atty., both of Boston, Mass., for Thomas W. White.


BREWSTER, District Judge.

The above cases have been consolidated. They were referred to an auditor and, after his report, the parties entered into stipulations agreeing upon all issues of fact, leaving only questions of law to be considered by the court.

While there are four actions brought against the collectors of internal revenue, it is conceded that the plaintiffs, if entitled to recover at all, are entitled to recover only in one of the actions, and that...

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