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INTERWOVEN STOCKING CO. v. UNITED STATES

No. 8607.

144 F.2d 768 (1944)

INTERWOVEN STOCKING CO. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Decided September 6, 1944.

Attorney(s) appearing for the Case

Frederic G. Rita, of Washington, D.C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, and A. F. Prescott, Sp. Assts. to Atty. Gen., and Thorn Lord, U.S. Atty., of Trenton, N.J., and Charles D. Hyman, Asst. U.S. Atty., of Atlantic City, N.J., on the brief), for appellant.

H. Maurice Fridlund, of New York City (Kirlin, Campbell, Hickox, Keating & McGrann, of New York City, and Charles S. Cunningham, of Ossining, N.Y., on the brief), for appellee.

Before BRATTON and McLAUGHLIN, Circuit Judges, and KIRKPATRICK, District Judge.

BRATTON, Circuit Judge.

Aggrieved, the United States appealed from a judgment rendered against it in this action instituted by Interwoven Stocking Company to recover floor stock taxes levied and collected under the provisions of the Agricultural Adjustment Act, approved May 12, 1933, 48 Stat. 31, 7 U.S.C.A. § 601 et seq. The complaint contained three causes of action. The first was for taxes paid by plaintiff on hosiery...

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