GORHAM MFG. CO v. TAX COMM.

No. 5.

266 U.S. 265 (1924)

GORHAM MANUFACTURING COMPANY v. STATE TAX COMMISSION OF THE STATE OF NEW YORK, ET AL.

Supreme Court of United States.

Decided November 17, 1924.


Attorney(s) appearing for the Case

Mr. James M. Beck, with whom Mr. George Carlton Comstock, Mr. Robert C. Beatty and Mr. Harold T. Edwards were on the briefs, for appellant.

Mr. Carl Sherman, Attorney General of the State of New York, and Mr. C.T. Dawes, for appellees, submitted.

Mr. Ernest G. Metcalfe and Mr. Randolph W. Branch, by leave of Court, filed a brief as amici curiae.


MR. JUSTICE SANFORD delivered the opinion of the Court.

The Gorham Manufacturing Company brought this suit in equity in the District Court to enjoin the collection of a tax assessed against it under Article 9-A of the Tax Law of New York, alleging that the provisions of this Article were in conflict with the due process clause of the Fourteenth Amendment and the commerce clause of the Constitution. The District Court, upon...

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