IN RE THERMIODYNE RADIO CORPORATION

No. 579.

26 F.2d 713 (1928)

In re THERMIODYNE RADIO CORPORATION.

District Court, D. Delaware.

May 18, 1928.


Attorney(s) appearing for the Case

Albert Ottinger, Atty. Gen. of New York, and Robert P. Beyer and William Matthews, Deputy Asst. Attys. Gen., for State of New York.

James I. Boyce, of Wilmington, Del., and Ralph M. Arkush, of New York City, for trustee.


MORRIS, District Judge.

Upon this review of an order of the referee disallowing a claim of $15,000, filed by the state of New York, the sole question is the constitutionality of the statute of New York upon which the claim is based. That statute, section 181, article 9, of the Tax Law of that state (Consol. Laws, c. 60), prescribes the "license fee" to be paid by a foreign corporation for the privilege of exercising its corporate franchises or carrying on its business...

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