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NEW YORK HANDKERCHIEF MFG. CO. v. UNITED STATES

No. 8335.

142 F.2d 111 (1944)

NEW YORK HANDKERCHIEF MFG. CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

April 25, 1944.

Attorney(s) appearing for the Case

Lewis F. Jacobson, Sidney C. Nierman, and David Silbert, all of Chicago, Ill., Kenneth Carroad, of New York City, and Jacobson, Merrick, Nierman & Silbert, of Chicago, Ill. (Bessie R. Dreyer, of New York City, on the brief), for appellant.

J. Albert Woll, U. S. Atty., of Chicago, Ill., Samuel O. Clark, Jr., and Homer Miller, Asst. Attys. Gen., Sewall Key, A. F. Prescott, and Ruppert Bingham, Sp. Assts. to the Atty. Gen., and J. Albert Woll, U. S. Atty., and John B. Stephan, Asst. U. S. Atty., both of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This is an appeal from a judgment dismissing plaintiff's complaint, and involves the question whether that which was submitted by the plaintiff to the Commissioner of Internal Revenue in support of its claim for refund of floor stocks taxes paid under the Agricultural Adjustment Act of 1933, 7 U.S.C.A. § 601 et seq., complied sufficiently with § 903 of the Revenue Act of 1936, c. 690, 49 Stat. 1747, 7 U.S.C.A. § 645.

Pursuant...

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