January 17, 1936
HYGRADE FOOD PRODUCTS CORPORATION, APPELLANT
JAMES J. HOEY, INDIVIDUALLY AND AS COLLECTOR OF INTERNAL REVENUE, RESPONDENT
Appeal from the District Court of the United States for the Southern District of New York.
Before MANTON, SWAN, and CHASE, Circuit Judges.
Decree reversed, and cause remanded to the District Court, with directions to enter a decree enjoining collection of the tax. An appropriate order shall be entered directing the repayment to the plaintiff of any cash, bonds, or funds which have been impounded or deposited pendente lite in conformity with the order of the court below. Rickert Rice Mills, Inc., v. Fontenot, 56 S. Ct. 374, 80 L. Ed., January 13, 1936.
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