UNITED STATES v. ARKWRIGHT MILLS

No. 5165.

139 F.2d 454 (1943)

UNITED STATES v. ARKWRIGHT MILLS.

Circuit Court of Appeals, Fourth Circuit.

December 14, 1943.


Attorney(s) appearing for the Case

Robert R. Reynolds, Jr., Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Frederic G. Rita, Sp. Assts. to the Atty. Gen., O. H. Doyle, U. S. Atty., and W. M. Walters, Asst. U. S. Atty., both of Anderson, S. C., on the brief), for appellant.

James S. Y. Irvins, of Washington, D. C., (Merrill C. Patten, of Greenville, S. C., and Richard B. Barker, of Washington, D. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


DOBIE, Circuit Judge.

Arkwright Mills (hereinafter called Arkwright), manufacturers of cotton cloth, paid federal floor stock taxes levied under the Agricultural Adjustment Act, 7 U.S.C.A. § 601 et seq., on a stock of cotton goods which it then had on hand. In United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914, the United States Supreme Court held that the taxing provisions of this act were unconstitutional...

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