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NOLDE & HORST CO. v. HELVERING

No. 7631.

122 F.2d 41 (1941)

NOLDE & HORST CO. v. HELVERING, Com'r of Internal Revenue.

United States Court of Appeals for the District of Columbia.

Decided June 30, 1941.

Attorney(s) appearing for the Case

Andrew B. Trudgian, of New York City, and Thomas M. Wilkins, of Washington, D. C., for appellant.

Edward M. Curran, U. S. Atty., and John L. Laskey, Asst. U. S. Atty., both of Washington, D. C., for appellee.

Before MILLER, VINSON, and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The appeal is from the District Court's dismissal of appellant's complaint by which it sought relief in the nature of mandamus against the appellee.

The Revenue Act of 1936 (Section 602)1 authorizes payments to be made to holders of floor stocks as of January 6, 1936, consisting of articles processed wholly or in chief value from commodities subject to processing tax under the Agricultural Adjustment...

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