COHEN v. SWIFT & CO.

No. 6209.

95 F.2d 131 (1938)

COHEN v. SWIFT & CO.

Circuit Court of Appeals, Seventh Circuit.

February 18, 1938.


Attorney(s) appearing for the Case

Greenberry Simmons, of Louisville, Ky., and M. K. Hobbs, of Chicago, Ill., for appellant.

Henry Veeder, Albert Veeder, and Edgar B. Kixmiller, all of Chicago, Ill., for appellee.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Helen Carloss, Sp. Assts. to Atty. Gen., for intervener the United States.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


MAJOR, Circuit Judge.

This is an appeal from a decree of the District Court dismissing appellant's bill of complaint and denying application for a preliminary injunction. The action is for the return of moneys paid as processing taxes to the appellee by the appellant and others similarly situated.

It is alleged that the appellee added the processing tax which was a substantial part of the purchase price of hog meat and pork products and that appellant, and...

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