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CANCINO v. UNITED STATES

No. 333-69.

451 F.2d 1028 (1971)

Jess CANCINO v. The UNITED STATES.

United States Court of Claims.

December 10, 1971.

Attorney(s) appearing for the Case

Roger S. Hanson, Woodland Hills, Cal., attorney of record for plaintiff.

Kenneth R. Boiarsky, Columbus, Ohio, with whom was Asst. Atty. Gen. Johnnie M. Walters, for defendant. Philip R. Miller and Joseph Kovner, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON DEFENDANT'S MOTION AND PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS

SKELTON, Judge.

This suit involves a claim by plaintiff, Jess Cancino, to recover Federal excise taxes in the sum of $17,891 collected from him as the seller-transferor of marihuana under circumstances where the transferee had not obtained an order form for the transfer nor paid the tax as required by law.

The unusual set of events which culminated in the bringing of the instant...

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