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HELVERING v. DRUGGISTS' SPECIALTIES CO.

No. 5609.

76 F.2d 743 (1935)

HELVERING, Com'r of Internal Revenue, et al. v. DRUGGISTS' SPECIALTIES CO., Inc.

Circuit Court of Appeals, Third Circuit.

March 25, 1935.

Attorney(s) appearing for the Case

Charles D. McAvoy, U. S. Atty., of Philadelphia, Pa. (Blair McK. Ilderton and Edward C. Dougherty, both of Philadelphia, Pa., of counsel), for appellants.

David S. Malis, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

Druggists Specialties Company, Inc., hereinafter called the complainant, held a permit "Issued under Title III of the National Prohibition Act" (section 1 et seq. [27 USCA §§ 63, 71 et seq.]), and extended from year to year, authorizing the monthly withdrawal — tax-free — of 4400 wine gallons of specially denatured alcohol, Formula No. 39-B, to be used in the manufacture of certain approved toilet preparations. On March...

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