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LANDRUM v. COMMISSIONER OF INTERNAL REVENUE

No. 518, Original.

122 F.2d 857 (1941)

LANDRUM et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

October 22, 1941.

Attorney(s) appearing for the Case

Geo. E. H. Goodner, of Washington, D. C. (Helen Goodner, of Washington, D. C., on the brief), for petitioners.

F. E. Youngman, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before SANBORN and JOHNSEN, Circuit Judges, and NORDBYE, District Judge.

SANBORN, Circuit Judge.

The controlling question presented by this petition for review of an order of the United States Processing Tax Board of Review is whether the amended claim of petitioners for a refund of moneys paid as processing taxes on corn by the Wilson Milling Company (a dissolved corporation, of which petitioners are trustees in liquidation), under the Agricultural Adjustment Act (held to be unconstitutional in United States v. Butler,

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