BARD, District Judge.
This action was instituted for the recovery of excise taxes, interest and penalty assessed under Section 603 of the Revenue Act of 1932, 26 U.S.C.A. Int.Rev.Acts, page 608, and paid by the plaintiff. The complaint sets forth the following allegations: During the period in question plaintiff packaged and distributed an ointment manufactured by another. She did not own the formula for the ointment, prescribe its ingredients, nor in any way control...
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