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ESSLINGER'S, INC. v. UNITED STATES

Nos. 44309, 44628.

37 F.Supp. 129 (1941)

ESSLINGER'S, Inc., v. UNITED STATES.

Court of Claims.

March 3, 1941.

Attorney(s) appearing for the Case

Stanley Worth, of Washington, D. C., for plaintiff.

S. E. Blackham, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, and GREEN, Judges.

LITTLETON, Judge, delivered the opinion of the court.

The essential facts established by the record and material to the issue presented in these cases are set forth in the findings. The question presented concerns the correctness of the method employed by the Treasury Department in determining the measure of plaintiff's liability for the excise tax imposed by section 608 of the Revenue Act of 1918 as amended by section 9 of the Liquor Taxing Act of 1934, and, in the...

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