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LONDON WEATHERPROOFS v. UNITED STATES

Civil Action No. 1862.

52 F.Supp. 1022 (1943)

LONDON WEATHERPROOFS, Inc., v. UNITED STATES.

District Court, E. D. New York.

October 21, 1943.

Attorney(s) appearing for the Case

Carroad & Carroad, of New York City (Kenneth Carroad, of New York City, of counsel), for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to Atty. Gen., and Harold M. Kennedy, U. S. Atty., and Frank J. Parker, Asst. U. S. Atty., both of Brooklyn, for the United States.

MOSCOWITZ, District Judge.

This is an application made by the defendant for summary judgment.

The action was brought for the recovery of compensating taxes collected under Section 15 of the Agricultural Adjustment Act of 1933, 7 U.S.C.A. § 615. This Act was declared unconstitutional. United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914.

The plaintiff filed a claim for a refund of the taxes...

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