WEISS v. UNITED STATES

No. 8193.

135 F.2d 889 (1943)

WEISS v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

May 17, 1943.


Attorney(s) appearing for the Case

Lewis F. Jacobson, Sidney C. Nierman, and David Silbert, all of Chicago, Ill., and Kenneth Carroad, of New York City (Jacobson, Merrick, Nierman & Silbert, of Chicago, Ill., and Clifford H. Rich, of New York City, on the brief), for appellant.

Samuel O. Clark, Jr., Sewall Key, A. F. Prescott, and N. Barr Miller, Asst. Attys. Gen., and J. Albert Woll, U. S. Atty., of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.


MAJOR, Circuit Judge.

This is an action by plaintiff to recover from defendant a refund in the sum of $556.88, previously paid as compensating taxes under the Agricultural Adjustment Act of 1933. The alleged right to a refund was predicated upon Sections 902 and 903 of Title VII of the Revenue Act of 1936, 7 U.S.C.A. §§ 644, 645. On motion of the defendant, the court below entered judgment dismissing plaintiff's complaint on jurisdictional grounds for failure...

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