Powell v. Sparks Milling Co.

Opinion op the Court by

Judge Tilpord

Affirming.

This is an appeal from a judgment of the Circuit Court entered following the issuance of our mandate in the case of Sparks Milling Co. v. J. T. Powell and Midland Baking Co. reported in 283 Ky. 669, 143 S. W. (2d) 75, 78. In that case we decided that the Sparks Milling Company was entitled to retain certain processing taxes accruing under the Agricultural Adjustment Act, 7 U. S. C. A., Section 601 et seq., adjudged unconstitutional by the Supreme Court, and reversed the Circuit Court’s judgment allowing the present appellants’ counterclaim for the…