IN RE MESSENGER'S MERCHANTS LUNCH ROOMS

No. 5841.

85 F.2d 1002 (1936)

In re MESSENGER'S MERCHANTS LUNCH ROOMS, Inc. PEOPLE OF STATE OF ILLINOIS ex rel. AMES, Director of Department of Finance, v. OPPENHEIMER et al.

Circuit Court of Appeals, Seventh Circuit.

October 24, 1936.


Attorney(s) appearing for the Case

Otto Kerner, Atty. Gen. of state of Illinois (Sol Oswianza, Eli J. Bibo, and William F. Gray, Asst. Attys. Gen., of counsel), for appellant.

Archie Schimberg and Simon H. Alster, both of Chicago, Ill. (Friedman, Schimberg & Alster, of Chicago, Ill., of counsel), for appellees.

Before SPARKS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.


LINDLEY, District Judge.

The state of Illinois, through its director of finance, filed in the District Court, its claims in bankruptcy to recover certain sums claimed to be due under the retailers' occupational tax law of Illinois. These claims were allowed for all sums accruing under the act prior to the filing of the petition in bankruptcy, March 28, 1934, for the amount measured by sales of meals to patrons. They were allowed also for all sales of meals to patrons...

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