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EKHARDT & BECKER BREWING CO. v. KAVANAGH

No. 8306.

112 F.2d 751 (1940)

EKHARDT & BECKER BREWING CO., Inc., v. KAVANAGH, Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

June 6, 1940.

Attorney(s) appearing for the Case

David I. Hubar, of Detroit, Mich. (David I. Hubar, Milton M. Maddin, and Sidney C. Bernstein, all of Detroit, Mich., on the brief), for appellants.

Julian D. Simpson, of Washington, D. C. (John C. Lehr and J. Thomas Smith, both of Detroit, Mich., and Julian D. Simpson and Joseph Lawrence, both of Washington, D. C., on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Suit by Ekhardt & Becker Brewing Company, Inc., appellant, to recover $28,770.96, representing taxes upon beer brewed by appellant, and paid to appellee as Internal Revenue Collector. The complaint alleged that appellant was a manufacturer of beer for sale and that it was engaged in the bottling of beer manufactured by it.

Section 3150, 26 U.S.C.A.Int.Rev.Code, levies a tax upon all beer brewed or manufactured and sold or removed...

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