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LEE RUBBER & TIRE CORP. v. UNITED STATES

Civ. No. 2709.

49 F.Supp. 6 (1943)

LEE RUBBER & TIRE CORP. v. UNITED STATES.

District Court, E. D. Pennsylvania.

February 26, 1943.

Attorney(s) appearing for the Case

James A. Montgomery, Jr., and Clement J. Clarke, Jr. (of Pepper, Bodine, Stokes & Schoch), both of Philadelphia, Pa., for plaintiff.

Frederic G. Rita, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Sp. Asst. to Atty. Gen., Gerald A. Gleeson, U. S. Atty. and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.

BARD, District Judge.

This is an action for a refund of floor stocks taxes on cotton fabric owned by plaintiff on August 1, 1933. I make the following special findings of fact:

1. Plaintiff is engaged principally in the manufacture and sale of automobile tires, a constituent part of which is cotton fabric.

2. On August 1, 1933 plaintiff was the owner of 543,441 pounds of cotton fabric on which it paid a tax of $24,029.06 under the floor stocks tax...

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