MORGENTHAU v. MIFFLIN CHEMICAL CORPORATION

Nos. 6362, 6363.

93 F.2d 82 (1937)

MORGENTHAU, Secretary of Treasury, et al. v. MIFFLIN CHEMICAL CORPORATION.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied December 11, 1937.


Attorney(s) appearing for the Case

J. Cullen Ganey, Acting U. S. Atty., of Bethlehem, Pa., and Blair M. Ilderton and Julian R. Eagle, both of Philadelphia, Pa., Alcohol Tax Unit, Bureau of Internal Revenue, for appellants.

Harry Shapiro, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, THOMPSON and BIGGS, Circuit Judges.


BIGGS, Circuit Judge.

These two cases, since they are based upon substantially the same facts, will be considered in one opinion. The appellee, Mifflin Chemical Corporation, by bills of complaint filed in the court below, alleged that it was the holder of Federal Permit No. SDA — PA — 70, which authorized the withdrawal of 9,150 wine gallons of various formulæ of specially denatured alcohol per calendar month and its use in the manufacture of a...

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