VAUGHT, District Judge.
The plaintiffs sue for the return of capital stock taxes paid in 1933, under the provisions of Section 215 of the National Industrial Recovery Act, approved June 16, 1933, 48 Stat. 207, to the defendant Collector of Internal Revenue, on the ground that the statutes purporting to levy the capital stock tax and the excess profits tax are unconstitutional.
The sections of the law questioned provide in part as follows:
"Sec. 215...
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