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O'MALLEY v. HASKINS BROS. & CO.

No. 10655.

85 F.2d 657 (1936)

O'MALLEY et al. v. HASKINS BROS. & CO.

Circuit Court of Appeals, Eighth Circuit.

September 8, 1936.

Attorney(s) appearing for the Case

J. P. Jackson, Sp. Asst. to the Atty. Gen., and Robert H. Jackson, Asst. Atty. Gen. (Stanley Reed, Sol. Gen., of Washington, D. C., Sewall Key and F. A. LeSourd, Sp. Assts. to the Atty. Gen., and Charles A. Horsky, of Washington, D. C., on the brief), for appellants.

Alfred C. Munger, of Omaha, Neb. (William Stanley, of Washington, D. C., Raymond M. Crossman and John L. Barton, both of Omaha, Neb., and J. Edward Burroughs, Jr., of Washington, D. C., on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and DEWEY, District Judge.

THOMAS, Circuit Judge.

The plaintiff, appellee here, a manufacturer of soap, by bill of complaint in equity, sought a preliminary and a permanent injunction to restrain the appellants, as collector of internal revenue and United States attorney, from collecting from plaintiff a processing tax imposed by section 602½ (a) of the Revenue Act of 1934 (chapter 277, 48 Stat. 680, 26 U.S.C.A. § 999(a) upon coconut oil imported from the Philippine Islands.

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