Continental Baking Co. v. Suckow Milling Co.

KERNER, Circuit Judge.

Plaintiff appeals from a decree dismissing its bill for want of equity. The bill was filed April 23, 1937 in behalf of itself and all others similarly situated and it sought to establish a trust and to recover from the defendant moneys paid the defendant by plaintiff and others similarly situated, to pay processing taxes on wheat levied pursuant to the Agricultural Adjustment Act, approved May 12, 1933, 48 Stat. 31, 7 U. S.C.A. § 601 et seq.

The following facts,- — those facts properly admitted by the motion to dismiss and others properly within our judicial knowledge, —…