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MENNEN CO. v. KELLY

No. 8082.

137 F.2d 866 (1942)

MENNEN CO. v. KELLY, Former Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

Decided November 24, 1942.

On Rehearing April 20, 1943.

Attorney(s) appearing for the Case

James L. R. Lafferty, of Newark, N. J. (Lindabury, Steelman, Zink & Lafferty and Wm. Rowe, all of Newark, N. J., on the brief), for appellant.

George H. Zeutzius, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Charles M. Phillips, U. S. Atty., of Trenton, N. J., on the brief), for appellee.

Before MARIS, JONES and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The Mennen Company, a New Jersey corporation, sued the defendant, a former Collector of Internal Revenue, to recover for taxes paid for the period June, 1932, through April, 1937, on two products manufactured by Mennen. The plaintiff has, by appropriate action, taken the steps to preserve its rights if they were incorrectly collected. The products involved are Mennen Antiseptic Oil and Kora Konia...

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