Legal Opinion
Henrietta Mills v. Hoey
District Court, S.D. New York
Decided September 5, 1935PublishedCited by 2 opinions
1Opinion of the Court
PATTERSON, District Judge.
These are suits by processors of cotton to enjoin the collector from forcing payment of the processing tax. The plaintiffs move for preliminary injunction; the collector moves for dismissal of the suits on the ground That no cause of action is stated.
The bills are substantially the same. It is alleged that the Agricultural Adjustment Act (7 USCA § 601 et seq.) under which the tax is assessed violates the Constitution in several respects; that the plaintiffs have no adequate remedy at law by way of suit to recover the tax after payment, because section 21 (d) (1) of…
2Cases cited13 opinions
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Taylor v. SecorSupreme Court of the United States · 1876
- Miller v. Standard Nut Margarine Co. of Fla.Supreme Court of the United States · 1932
- Hill v. WallaceSupreme Court of the United States · 1922
- Dows v. City of ChicagoSupreme Court of the United States · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- John A. Gebelein, Inc. v. MilbourneDistrict Court, D. Maryland · 1935
- Meridian Grain and Elevator Co. v. FlyDistrict Court, S.D. Mississippi · 1935