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SINCLAIR REFINING CO. v. DAY

No. 111.

11 F.2d 664 (1926)

SINCLAIR REFINING CO. v. DAY, Sheriff, etc.

District Court, E. D., Louisiana, Baton Rouge Division.

March 2, 1926.

Attorney(s) appearing for the Case

A. J. Thomas, of Baton Rouge, La. (A. V. Coco, Atty. Gen., of Louisiana, and Harry P. Sneed, of New Orleans, La., of counsel), for State Tax Collector.

Edw. H. Chandler and Summers Hardy, both of Tulsa, Okl., and J. G. Palmer and J. Fair Hardin, both of Shreveport, La., opposed.

Before BRYAN and FOSTER, Circuit Judges, and BURNS, District Judge.

BURNS, District Judge.

This is a suit to enjoin the collection of taxes assessed against oil tank cars owned by the plaintiff for the years 1922 to 1925, inclusive, totaling over $17,000; the same being a special state tax of 25 mills on the dollar, imposed as by Act No. 109 Ex. Sess. of 1921 of the General Assembly of Louisiana, in addition to the general state tax of 5¼ mills, which plaintiff paid without protest. No controversy is made with reference to the...

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