HORNELL ICE & COLD STORAGE CO. v. UNITED STATES

No. 327.

32 F.Supp. 468 (1940)

HORNELL ICE & COLD STORAGE CO. v. UNITED STATES.

District Court, W. D. New York.

March 25, 1940.


Attorney(s) appearing for the Case

Franklin R. Brown, of Buffalo, N. Y. (Spieth, Taggart, Spring & Annat, of Cleveland, Ohio, of counsel), for plaintiff.

George L. Grobe, U. S. Atty., of Buffalo, N. Y., Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Paul S. McMahon, Sp. Assts. to Atty. Gen., for defendant.


KNIGHT, District Judge.

Plaintiff sues to recover capital stock taxes aggregating $3,509 paid by it for the taxable years 1933, 1934, and 1935. Defendant moves to dismiss the complaint upon five separate grounds. The only one now urged is that the complaint fails to state a valid cause of action. The taxes aforesaid were paid for the taxable year ending June 30, 1933, pursuant to Sections 215 and 216 of the National Industrial Recovery Act, 48 Stat. 207, 208, and...

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