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UNITED STATES v. STATE OF NEW YORK

No. 2503.

48 F.Supp. 15 (1942)

UNITED STATES v. STATE OF NEW YORK et al.

District Court, N. D. New York.

November 17, 1942.

Attorney(s) appearing for the Case

Ralph L. Emmons, U. S. Atty., of Binghamton, N. Y. (B. F. Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Alvin J. Rockwell, Sp. Assts. to Atty. Gen., of counsel), for plaintiff.

John J. Bennett, Jr., Atty. Gen., of New York (Henry Epstein, of Albany, N. Y., Milton Kaplan, of Cortland, N. Y., and Jack Goodman, of Albany, N. Y., of counsel), for the State of New York.

Schwarte, Slade, Harrington & Goldsmith, of Saratoga Springs, N. Y. (John A. Slade, and Denis J. Harrington, both of Saratoga Springs, N. Y., of counsel), for Saratoga Springs Commission and Saratoga Springs Authority.

BRYANT, District Judge.

This is a suit for the collection of taxes, penalties and interest in the amount of $4,473.50, and additional interest from various dates between December 14, 1932, and January 3, 1937, inclusive, accruing under section 615(a) (5) of the Revenue Act of 1932, 26 U.S.C.A. Int.Rev.Acts, page 613.

The question at issue is whether, in bottling for sale and selling certain mineral and table water, the State of New York and its agencies, Saratoga...

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