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BARNARD v. CAREY

Civil Action No. 22716.

60 F.Supp. 539 (1945)

BARNARD et al. v. CAREY, Collector of Internal Revenue.

District Court, N. D. Ohio, E. D.

March 20, 1945.

Attorney(s) appearing for the Case

Victor S. Leanza, of Cleveland, Ohio, for plaintiffs.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Frederic G. Rita, Sp. Assts. to Atty. Gen., and Don C. Miller, U. S. Atty., and F. B. Kavanagh, Asst. U. S. Atty., both of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

This case was presented on a motion for an order enjoining and restraining the defendant from enforcing any of the provisions of the Act of August 2, 1886, as amended, 26 U.S.C.A. Int.Rev.Code, § 2300 et seq., until final adjudication of the case. The complaint alleges that the plaintiff Barnard is a dealer in and the plaintiff Butler is the manufacturer of "Soya Butter", a product made exclusively from soya beans and other vegetable products...

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