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KATZ UNDERWEAR CO. v. UNITED STATES

No. 7866.

127 F.2d 965 (1942)

KATZ UNDERWEAR CO. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Decided April 24, 1942.

Attorney(s) appearing for the Case

Prew Savoy, of Washington, D. C. (Lester R. Male, of Honesdale, Pa., Charles H. Welles, 3d, of Scranton, Pa., and Kenneth Carroad and Lawrence W. Kaufman, both of New York City, on the brief), for appellant.

Frederic G. Rita, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., and Frederick V. Follmer, U. S. Atty., of Scranton, Pa., on the brief), for respondent.

Before MARIS, CLARK, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

The plaintiff sells nightgowns, pajamas and slips which it manufactures from cotton cloth. It paid floor stock taxes imposed by the Agricultural Adjustment Act, 7 U.S.C.A. § 601 et seq., upon such goods. That act was declared unconstitutional1 and the plaintiff brought suit for the recovery of $9,913.40 in taxes and interest paid by it in 1933 and 1934. The District Court for the Middle District of Pennsylvania...

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