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EDUCATIONAL FILMS CORPORATION OF AMERICA v. WARD

41 F.2d 395 (1930)

EDUCATIONAL FILMS CORPORATION OF AMERICA v. WARD, Atty. Gen. of New York, et al.

District Court, S. D. New York.

June 2, 1930.

Attorney(s) appearing for the Case

Roger Hinds, of New York City (Benjamin P. Dewitt, Siegfried F. Hartman, and Roger Hinds, all of New York City, of counsel), for plaintiff.

Hamilton Ward, Atty. Gen. (Wendell P. Brown, Third Asst. Atty. Gen., of counsel), for defendants.

Before CHASE, Circuit Judge, and BONDY and WOOLSEY, District Judges, convened pursuant to section 266 of the Judicial Code (28 USCA § 380).

CHASE, Circuit Judge (after stating the facts as above).

The power of a State to impose a tax on the franchise of a corporation doing business therein is too well established for discussion, Kansas City, Fort Scott & Memphis Ry. Co. v. Botkin, 240 U.S. 227, 232, 36 S.Ct. 261, 60 L. Ed. 617; and it is equally well settled that, except under conditions discussed below, the net income of a corporation may be used to measure a tax on...

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