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SHARP & DOHME v. LADNER

No. 5917.

82 F.2d 733 (1936)

SHARP & DOHME, Inc., v. LADNER, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

March 6, 1936.

Attorney(s) appearing for the Case

Henry S. Drinker, Jr., of Philadelphia, Pa., for appellant.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Andrew D. Sharpe, and E. F. McMahon, Sp. Assts. to the Atty. Gen., and Charles D. McAvoy, U. S. Atty., and T. J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and AVIS, District Judge.

BUFFINGTON, Circuit Judge.

In the court below Sharp & Dohme, Inc., brought suit against the collector of internal revenue to recover tax alleged to have been illegally collected on a bottled preparation, sold by them, which article is hereafter described. By written stipulation, the case was tried before a judge, who found a verdict for the collector. On entry of judgment thereon, the taxpayer took this appeal. The sole question involved, as stated by the government...

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