SALLER v. UNITED STATES

No. 619.

33 F.Supp. 748 (1940)

SALLER v. UNITED STATES.

District Court, E. D. Pennsylvania.

May 20, 1940.


Attorney(s) appearing for the Case

Wolf, Block, Schorr & Solis-Cohen, of Philadelphia, Pa., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Ruppert Bingham, and Edward H. Horton, Sp. Assts. to the Atty. Gen., and J. Cullen Ganey, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.


KALODNER, District Judge.

This case arises upon a motion to dismiss the complaint and, therefore, the facts alleged therein must be accepted as true for the purposes of the present decision. Prior to the effective date of the processing tax on rye, imposed under the Agricultural Adjustment Act of 1933, 7 U. S.C.A. § 601 et seq., plaintiff had contracted to purchase the output of rye whiskey of the Harford Pure Rye Distillers, Inc., at a fixed price base, which...

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