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OHIO OIL CO. v. McFARLAND

No. 19129.

28 F.2d 441 (1928)

OHIO OIL CO. v. McFARLAND, supervisor of Accounts.

District Court, E. D. Louisiana, New Orleans Division.

September 17, 1928.

Attorney(s) appearing for the Case

R. L. Benoit, J. S. Atkinson, Blanchard, Goldstein & Walker, Pugh, Grimmet & Boatner, and Thigpen, Herold, Lee & Cousin, all of Shreveport, La., for complainant.

Percy Saint, Atty. Gen., M. M. Irwin, Asst. Atty. Gen., and Huey P. Long, of Shreveport, La., for respondent.

Before FOSTER, Circuit Judge, and ESTES and DAWKINS, District Judges, as a statutory court.

On Motion to Dismiss.

DAWKINS, District Judge.

Complainant, a citizen of the state of Ohio, attacks the validity of Act No. 5 of the Legislature of Louisiana, passed at its 1928 session, levying severance taxes upon natural resources, in so far as the same applies to crude oil or petroleum. The supervisor of public accounts, who is charged by the act with the duty of collecting the taxes, is made party defendant.

Complainant alleges that said act discriminates...

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