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U.S. v. KANSAS FLOUR CORP.

No. 45.

314 U.S. 212 (1941)

UNITED STATES v. KANSAS FLOUR MILLS CORPORATION.

Supreme Court of United States.

Decided December 8, 1941.

Attorney(s) appearing for the Case

Mr. Warner W. Gardner, with whom Assistant Solicitor General Fahy, Assistant Attorney General Clark, and Messrs. Sewall Key and Hubert L. Will were on the brief, for the United States.

Messrs. Edgar Shook and Phil D. Morelock, with whom Mr. Joseph B. Brennan was on the brief, for respondent.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

Between May, 1935, and January 6, 1936, the respondent entered into eight contracts for the sale of flour to the United States. Deliveries were duly made and the contract price was paid.

Each of the eight contracts provided:

"Prices set forth herein include any Federal tax heretofore imposed by the Congress which is applicable to the material purchased...

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