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FISHER v. STANDARD OIL CO.

No. 7075.

12 F.2d 744 (1926)

FISHER, State Treasurer of North Dakota, et al. v. STANDARD OIL CO.

Circuit Court of Appeals, Eighth Circuit.

May 10, 1926.

Attorney(s) appearing for the Case

C. J. Lynch and T. H. H. Thoresen, both of Bismarck, N. D. (Geo. F. Shafer, Atty. Gen., on the brief), for appellants.

Edward B. Cox, of Bismarck, N. D. (O'Hare & Cox, of Bismarck, N. D., and C. W. Martyn and F. E. Packard, both of Chicago, Ill., on the brief), for appellee.

Before LEWIS, Circuit Judge, and MUNGER and JOHNSON, District Judges.

LEWIS, Circuit Judge.

This case was submitted on bill and answer. The controversy is over the construction of a North Dakota statute which imposes a tax of 3 per cent. on the net income of corporations, foreign and domestic, derived annually from business conducted in that State. Appellee is an Indiana corporation, and its business in North Dakota consisted of selling at wholesale and retail petroleum products and by-products which it produced, manufactured and refined...

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