CUDAHY PACKING CO. v. UNITED STATES

No. 8697.

152 F.2d 831 (1945)

CUDAHY PACKING CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 15, 1946.


Attorney(s) appearing for the Case

Vincent O'Brien, John M. Baker, and Defrees, Fiske, O'Brien & Thomson, all of Chicago, Ill., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Frederic G. Rita, Department of Justice, both of Washington, D. C., Albert Woll, U. S. Atty., of Chicago, Ill., Robert N. Anderson, Sp. Asst. to Atty. Gen., and John B. Stephan, Asst. U. S. Atty., of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

Plaintiff brought this action to obtain a refund of $283,586.43 paid as floor stocks taxes under Section 16(a) of the Agricultural Adjustment Act of May 12, 1933, c. 25, 48 Stat. 31 as amended, 7 U.S.C.A. § 616(a), on its November 5, 1933 inventory of articles processed wholly or in large part from hogs. Jurisdiction rests on Section 128(a) of the Judicial Code, as amended, 28 U.S.C.A. § 225(a).

This Act continued in effect...

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