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UNITED STATES v. STATE OF NEW YORK

No. 124.

140 F.2d 608 (1944)

UNITED STATES v. STATE OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

February 7, 1944.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. Louis Monarch, and Paul R. Russell, Sp. Assts. to the Atty. Gen., and Irving Higbee, U. S. Atty., and B. F. Tompkins, Asst. U. S. Atty., both of Syracuse, N. Y., for plaintiff-appellee.

Nathaniel L. Goldstein, Atty. Gen. (Orrin G. Judd, Sol. Gen., of New York City, Wendell P. Brown, First Asst. Atty. Gen., and Henry S. Manley, Asst. Atty. Gen., of counsel), for defendant-appellant.

Denis J. Harrington, of Saratoga Springs, N. Y. (John A. Slade, of Saratoga Springs, N. Y., of counsel), for Saratoga Springs Commission and Saratoga Springs Authority.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This appeal is from a judgment for the plaintiff entered in the District Court for the Northern District of New York in a suit by the United States to recover taxes, with interest thereon, levied against the three defendants under § 615(a) (5) of the Revenue Act of 1932, c. 209, 47 Stat. 169, 26 U.S.C.A. Int.Rev.Acts, page 614, on sales of bottled mineral and table waters taken from the springs...

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