WHITE PACKING CO. v. ROBERTSON

No. 58.

17 F.Supp. 120 (1936)

WHITE PACKING CO. v. ROBERTSON.

District Court, M. D. North Carolina. Salisbury Division.

November 10, 1936.


Attorney(s) appearing for the Case

Walter H. Woodson, of Salisbury, N. C. (Ivins, Phillips, Graves & Barker, of Washington, D. C., of counsel), for plaintiff.

Carlisle W. Higgins, U. S. Atty., of Winston-Salem, N. C. (Robert H. Jackson, Asst. Atty. Gen., and Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to Atty. Gen., of counsel), for respondent.


HAYES, District Judge.

This is a suit in equity to restrain the collector from requiring the complainant to file an income tax return and from assessing and collecting a tax imposed by title 3 of the Revenue Act of 1936 (sections 501-506 [26 U.S.C.A. §§ 345-345e]), designated by the statute as "Tax on Unjust Enrichment," and for judgment declaring the statute unconstitutional under the Federal Declaratory Judgment Act, as amended (28 U.S.C.A. § 400...

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