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SWISS OIL CORP. v. SHANKS

No. 148.

273 U.S. 407 (1927)

SWISS OIL CORPORATION v. SHANKS, AUDITOR.

Supreme Court of United States.

Decided February 21, 1927.

Attorney(s) appearing for the Case

Mr. A. Owsley Stanley, with whom Messrs. Edward L. McDonald, Edward C. O'Rear, William T. Fowler, and William L. Wallace were on the briefs, for plaintiff in error.

Mr. Charles F. Creal, Assistant Attorney General of Kentucky, with whom Mr. Frank E. Daugherty, Attorney General of Kentucky, was on the brief, for defendant in error.

MR. JUSTICE STONE delivered the opinion of the Court.

The Swiss Oil Corporation, plaintiff in error, instituted a mandamus proceeding in the Circuit Court of Franklin County, Kentucky, to compel the state auditor, the defendant in error, to issue a warrant for the refund of taxes alleged to have been illegally assessed against it, on the ground among others, that the taxing statute was repugnant to the Constitution of the United States. This is the appropriate procedure...

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