MEMORANDUM DECISION
BOLDT, District Judge.
This is a suit for refund of excise taxes paid for the first quarter of 1964 in the amount of $94.00. Defendant has counterclaimed for the period January 1, 1958 through September 30, 1964 in the amount of $35,969.82. This court has jurisdiction under 28 U.S.C. § 1346(a). No material fact is disputed by the parties.
The sole question presented in the pre-trial order is whether the manufacture and sale...
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