CREAM OF WHEAT CORP. v. MOUNDRIDGE MILLING CO.

No. 1744.

24 F.Supp. 998 (1938)

CREAM OF WHEAT CORPORATION v. MOUNDRIDGE MILLING CO.

District Court, D. Kansas, Second Division.

September 29, 1938.


Attorney(s) appearing for the Case

Claude I. Depew, of Wichita, Kan., for plaintiff.

Austin M. Cowan, of Wichita, Kan., for defendant.


HOPKINS, District Judge.

In this action, the defendant milling company, a first domestic processor of wheat as defined by the AAA, 7 U.S.C.A. § 601 et seq., and departmental regulations and subjected to payment of the processing tax, is being sued by one of its customers for the amount of the processing tax on purified middlings sold and delivered by the mill to plaintiff, which tax the mill was relieved from paying to the government by reason of an injunction...

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