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PACKARD v. BANTON

No. 126.

264 U.S. 140 (1924)

PACKARD v. BANTON, AS DISTRICT ATTORNEY IN AND FOR THE COUNTY OF NEW YORK, ET AL.

Supreme Court of United States.

Decided February 18, 1924.

Attorney(s) appearing for the Case

Mr. Avel B. Silverman, with whom Mr. Louis J. Vorhaus, Mr. Elijah N. Zoline and Mr. Frederick Hemley were on the briefs, for appellant.

Mr. Carl Sherman, Attorney General of the State of New York, with whom Mr. Edward G. Griffin and Mr. Claude T. Dawes, Deputy Attorneys General, were on the brief, for the Attorney General of New York, appellee.

Mr. Felix C. Benvenga, with whom Mr. John Caldwell Myers was on the brief, for Banton, District Attorney, appellee.

Mr. Louis Tyroler, by leave of Court, filed a brief on behalf of the Allied Taxi Owners Association, as amicus curiae.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This is a suit to enjoin the enforcement of a statute of New York (Laws, 1922, c. 612, p. 1566) alleged to be in contravention of the equal protection of the laws and due process clauses of the Fourteenth Amendment. The statute requires every person, etc., engaged in the business of carrying passengers for hire in any motor vehicle, except street cars and motor vehicles subject to the Public Service Commission...

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