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MIONE MFG. CO. v. UNITED STATES

Nos. 7392, 7393.

114 F.2d 647 (1940)

MIONE MFG. CO. v. UNITED STATES. SAME v. ROTHENSIES, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

September 6, 1940.

Attorney(s) appearing for the Case

Howard M. Lutz, of Media, Pa., and John W. Townsend and Francis C. Brooke, both of Washington, D. C., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Harry Marselli, Sp. Assts. to Atty. Gen. (J. Cullen Ganey, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., of counsel), for appellees.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

Appellant, plaintiff below, instituted these two actions to recover excise taxes paid upon its product, "Mione". The questions being the same except for the year involved, the actions were consolidated and tried by the court below without a jury. The trial court found against the plaintiff. The applicable statute is the Revenue Act of 1932, c. 209, § 603, 47 Stat. 261, 26 U.S. C.A.Int.Rev.Acts, page 608.1...

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