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INSULAR SUGAR REFINING CORPORATION v. UNITED STATES

No. 45062.

49 F.Supp. 319 (1943)

INSULAR SUGAR REFINING CORPORATION v. UNITED STATES.

Court of Claims.

April 5, 1943.

Attorney(s) appearing for the Case

J. Sterling Halstead, of New York City, for plaintiff.

Elizabeth B. Davis, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, and MADDEN, Judges.

WHITAKER, Judge.

This is a suit to recover floor stock taxes levied by the Agricultural Adjustment Act, 7 U.S.C.A. § 601 et seq., which Act was later declared unconstitutional by the Supreme Court of the United States in United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914.

Under the provisions of section 902 of the Revenue Act of 1936, c. 690, 49 Stat. 1648, 7 U.S.C.A. § 644, the plaintiff...

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