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HENRIETTA MILLS v. HOEY

12 F.Supp. 61 (1935)

HENRIETTA MILLS v. HOEY, and three other cases.

District Court, S. D. New York.

September 5, 1935.

Attorney(s) appearing for the Case

Sullivan & Cromwell, of New York City (David W. Peck and Francis H. Baldy, both of New York City, and John F. Dooling, Jr., of Brooklyn, N. Y., of counsel), for complainants.

F. W. H. Adams, U. S. Dist. Atty., of New York City (Edward J. Ennis and William F. Young, both of New York City, of counsel), for defendants.

PATTERSON, District Judge.

These are suits by processors of cotton to enjoin the collector from forcing payment of the processing tax. The plaintiffs move for preliminary injunction; the collector moves for dismissal of the suits on the ground that no cause of action is stated.

The bills are substantially the same. It is alleged that the Agricultural Adjustment Act (7 USCA § 601 et seq.) under which the tax is assessed violates the Constitution in several...

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