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IN RE CONSOLIDATED AUTOMATIC MERCHANDISING CORP.

No. 423.

90 F.2d 598 (1937)

In re CONSOLIDATED AUTOMATIC MERCHANDISING CORPORATION. UNITED STATES v. CONSOLIDATED AUTOMATIC MERCHANDISING CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 7, 1937.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (James W. Morris, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Clarence E. Dawson, Sp. Assts. to the Atty. Gen., and Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Smyth & Tuttle, of New York City (Nathan A. Smyth, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether certain shares of stock of the Consolidated Automatic Merchandising Corporation, the debtor in the above proceeding for reorganization under section 77B of the Bankruptcy Act (11 U.S.C.A. § 207), were subject to documentary stamp taxes under section 800, Schedule A (3) of the Revenue Act of 1926, 44 Stat. 101 (see 26 U.S.C.A. § 900 and...

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