UNITED STATES v. H. T. POINDEXTER & SONS MER. CO.

No. 12228.

128 F.2d 992 (1942)

UNITED STATES v. H. T. POINDEXTER & SONS MERCHANDISE CO.

Circuit Court of Appeals, Eighth Circuit.

June 30, 1942.


Attorney(s) appearing for the Case

Frederic G. Rita, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Maurice M. Milligan, U. S. Atty., and Charles L. King, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for appellant.

Meredith M. Daubin, of Washington, D. C., for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.


WOODROUGH, Circuit Judge.

This action was brought to recover refund of $44,976.22 collected from the taxpayer as and for floor-stocks tax, levied, assessed and collected under the provisions of the Agricultural Adjustment Act of May 12, 1933, c. 25, 48 Stat. 31 and particularly Section 16 thereof, 7 U.S.C.A. § 616, upon plaintiff's inventory of August 1, 1933 of articles processed wholly or in chief value from cotton and held for sale on that date. It was alleged...

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