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FISHER FLOURING MILLS COMPANY v. UNITED STATES

No. 15819.

270 F.2d 27 (1958)

FISHER FLOURING MILLS COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

On Rehearing June 30, 1959.

Attorney(s) appearing for the Case

Graham, Green & Dunn, William R. Smith, Benjamin J. Gantt, Jr., Seattle, Wash., for appellant.

Charles K. Rice, Asst. Atty. Gen., Carolyn R. Just, Helen A. Buckley, Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Seattle, Wash., for appellee.

Before HEALY, FEE and HAMLIN, Circuit Judges.

On Rehearing En Banc June 30, 1959.

JAMES ALGER FEE, Circuit Judge.

Congress, in 1942, imposed an excise tax equal to three per cent of the amount so paid "upon the amount paid within the United States * * * for the transportation * * * of property by rail."1 This tax was effective December 1, 1942, and remained in force under the quoted language until the statute was amended September 23, 1950, whereby, effective as to...

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