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KNUDSEN CREAMERY CO. OF CALIFORNIA v. UNITED STATES

Civ. No. 15336.

121 F.Supp. 860 (1954)

KNUDSEN CREAMERY CO. OF CALIFORNIA v. UNITED STATES.

United States District Court, S. D. California, Central Division.

June 3, 1954.

Attorney(s) appearing for the Case

Latham & Watkins and Austin H. Peck, Jr., Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty., Edward R. McHale, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

MATHES, District Judge.

This action for refund of documentary stamp taxes paid in accordance with §§ 1800 and 1801 of the Internal Revenue Code, 26 U.S.C. §§ 1800, 1801, having been tried and the cause submitted for decision; and it appearing to the court from the evidence:

(1) that the instruments in controversy were "typed on plain white paper and did not bear the corporate seal," Cf. Niles-Bement-Pond Co. v. Fitzpatrick, 2 Cir.,

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