A. P. W. PAPER CO. v. RILEY


12 F.Supp. 738 (1935)

A. P. W. PAPER CO., Inc., v. RILEY, Collector of Internal Revenue. FULD & HATCH KNITTING CO. v. SAME. MOHAWK CARPET MILLS, Inc., v. SAME.

District Court, N. D. New York.

October 18, 1935.


Attorney(s) appearing for the Case

Dugan & Bookstein, of Albany, N. Y. (Isadore Bookstein and Avrom M. Jacobs, both of Albany, N. Y., of counsel), for A. P. W. Paper Co., Inc.

James W. Ferguson, of Amsterdam, N. Y. (Daisy Snook Borst, of Amsterdam, N. Y., of counsel), for Mohawk Carpet Mills, Inc.

Illch & Poskanzer, of Albany, N. Y. (Robert C. Poskanzer, of Albany, N. Y., of counsel), for Fuld & Hatch Knitting Co.

Frank J. Wideman, Asst. Atty. Gen., and Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (Andrew D. Sharpe and Arthur P. Curran, Sp. Assts. to Atty. Gen., and B. Fitch Tompkins and Donald P. Gorman, Asst. U. S. Attys., both of Syracuse, N. Y., of counsel), for Collector of Internal Revenue.


COOPER, District Judge.

This matter comes before the court on two motions, one by all complainants to continue the temporary restraining order until the trial of the suits, and the other by the defendant to dismiss all three bills of complaint for lack of jurisdiction by the court and because of insufficiency.

These three suits are in equity to restrain the collection of process taxes under the Agricultural Adjustment Act of May 12, 1933, c. 25, 48 Stat. 31...

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