STANDARD OIL CO. v. JOHNSON

No. 1125.

316 U.S. 481 (1942)

STANDARD OIL COMPANY OF CALIFORNIA v. JOHNSON, TREASURER OF CALIFORNIA.

Supreme Court of United States.

Decided June 1, 1942.


Attorney(s) appearing for the Case

Mr. Francis R. Kirkham, with whom Messrs. Felix T. Smith and Sigvald Nielson were on the brief, for appellant.

Mr. Adrian A. Kragen, Deputy Attorney General of California, with whom Messrs. Earl Warren, Attorney General, and H.H. Linney, Assistant Attorney General, were on the brief, for appellee.

Solicitor General Fahy, Assistant Attorney General Clark, Judge Advocate General Myron C. Cramer, and Messrs. Sewall Key, Arnold Raum, Alvin J. Rockwell, and Fred W. Llewellyn filed a brief on behalf of the United States, as amicus curiae, urging dismissal of the appeal.


MR. JUSTICE BLACK delivered the opinion of the Court.

The California Motor Vehicle Fuel License Tax Act1 imposes a license tax, measured by gallonage, on the privilege of distributing any motor vehicle fuel. Section 10 states that the Act is inapplicable "to any motor vehicle fuel sold to the government of the United States or any department thereof for official use of said government." The appellant, a "distributor"2...

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