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UNITED STATES v. HAGAN & CUSHING CO.

No. 9459.

115 F.2d 849 (1940)

UNITED STATES v. HAGAN & CUSHING CO.

Circuit Court of Appeals, Ninth Circuit.

November 30, 1940.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and F. E. Youngman, Sp. Assts. to Atty. Gen., and John A. Carver, U. S. Atty., of Boise, Idaho, for appellant.

Maurice H. Greene, of Boise, Idaho, and J. H. Felton, of Moscow, Idaho, for appellee.

Before WILBUR, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Judgment was entered in favor of appellee on a directed verdict in an action brought by appellant to recover alleged overpayments of prices stipulated in contracts between the parties.

The Agricultural Adjustment Act (Act of May 12, 1933, Ch. 25, 48 Stat. 31, 7 U.S. C.A. § 601 et seq.) imposed a processing tax upon pork and pork products effective November 5, 1933. Appellee, by twelve contracts...

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