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KELLY-SPRINGFIELD TIRE CO. v. UNITED STATES

No. 6982.

110 F.2d 823 (1940)

KELLY-SPRINGFIELD TIRE CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

February 15, 1940.

Attorney(s) appearing for the Case

Moses & Singer, of New York City, S. Leo Ruslander, of Pittsburgh, Pa., and Harrison B. McCawley, of Washington, D. C. (Morgan S. Kaufman, of Scranton, Pa., and Herman G. Kopald, of New York City, of counsel), for appellants.

James W. Morris, Asst. Atty. Gen., and Sewall Key, Warren F. Wattles, and Carlton Fox, Sp. Assts. to the Atty. Gen., for appellee.

Before BIGGS, CLARK, and JONES, Circuit Judges.

CLARK, Circuit Judge.

In these sad days one does not have to stress the price of glory. Even in the narrow financial field of the case at bar that price has been exceedingly high. A Senate Finance Committee Report estimates it at $400,000,000 in tax refunds, 74th Cong. 2nd Sess. Senate Report 2337, p. 17. This diminution in revenue has, perversely, occurred as a result of a statute enacted to finance our national activities...

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