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ROE v. SEARS, ROEBUCK & CO.

No. 7947.

132 F.2d 829 (1943)

ROE et al. v. SEARS, ROEBUCK & CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 2, 1943.

Attorney(s) appearing for the Case

W. Robert Brown, of Chicago, Ill., and W. R. Brown, of Chicago, Ill., for appellants.

Charles Lederer, Sigmund Livingston, Archie H. Siegel, and Lederer, Livingston, Kahn & Adsit, all of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and MINTON, Circuit Judges.

EVANS, Circuit Judge.

In May, 1933, Congress passed what was termed the Agricultural Adjustment Act, 7 U.S.C.A. § 601 et seq. Section 9 of this Act provided for the levy of a processing tax. The Act was declared unconstitutional by a divided Supreme Court, January 6, 1936. United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914. The Act had been sustained by the District Court, and reversed by a divided...

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