COOK v. UNITED STATES

No. 9343.

115 F.2d 463 (1940)

COOK v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1940.


Attorney(s) appearing for the Case

J. Hurbert Farmer, of Dothan, Ala., and Marion Rushton, of Montgomery, Ala., for appellant.

Edward H. Horton and Sewall Key, Sp. Assts. to Atty. Gen., and Samuel O. Clark, Jr., Asst. Atty. Gen., and Thos D. Samford, U. S. Atty., of Montgomery, Ala., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

During the years 1934 and 1935, appellant (plaintiff below) was a grower of cotton in Alabama. He produced more cotton than was allotted to him under certain acreage-reduction contracts which he had entered into with the United States, and became subject to a tax on his excess production in the sum of five cents per pound. In lieu of the payment of this tax he purchased, through the United States Department of Agriculture, cotton-exemption certificates...

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