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PHILIP MORRIS & CO. v. UNITED STATES

No. 683-53 & 684-53.

120 F.Supp. 765 (1954)

PHILIP MORRIS & CO., Inc., TO USE OF AETNA INS. CO. v. UNITED STATES. P. LORILLARD CO., Inc., TO USE OF AETNA INS. CO. v. UNITED STATES.

United States Court of Claims.

May 4, 1954.

Attorney(s) appearing for the Case

J. A. Marshall, Washington, D. C., for plaintiffs. Hugh H. Obear, Washington, D. C., Sands, Marks & Sands, Richmond, Va., and Douglas, Obear & Campbell, Washington, D. C., were on the briefs.

Benjamin H. Pester, Washington, D. C., with whom was Asst. Atty. Gen. H. Brian Holland, for defendant. Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER and MADDEN, Judges.

MADDEN, Judge.

The petitions allege that the plaintiffs are manufacturers of tobacco products, each having a factory at Richmond, Virginia. In December of 1951 each withdrew from its factory a large number of unbroken packages of tobacco products, those of Philip Morris consisting of cigarettes and smoking tobacco and those of Lorillard consisting of cigarettes and cigars. They affixed the proper number of Internal Revenue stamps to the packages, and delivered the...

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