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VOIELLO v. HOEY

14 F.Supp. 820 (1936)

VOIELLO v. HOEY, Collector of Internal Revenue.

District Court, S. D. New York.

June 2, 1936.

Attorney(s) appearing for the Case

Duryee, Zunino & Amen, of New York City (Henry L. de Give, Jr., and Platt W. Dockery, both of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (William F. Young, of New York City, of counsel), for defendant.

HULBERT, District Judge.

The action is to recover processing taxes paid pursuant to assessment under the Agricultural Adjustment Act 1933 (see 7 U. S.C.A. § 601 et seq.).

Before answer, the defendant moved to dismiss the bill of complaint (1) because the requirements of section 21 (d) (1) (title 7 U.S.C.A. § 623 (d) (1), have not been complied with, and (2) because the requirements of Revised Statutes, § 3226 (title 26 U.S.C.A. §§...

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