CONTINENTAL BAKING CO. v. WOODRING

No. 1444.

55 F.2d 347 (1931)

CONTINENTAL BAKING CO. et al. v. WOODRING, Governor of Kansas, et al.

District Court, D. Kansas, Second Division.

December 15, 1931.


Attorney(s) appearing for the Case

R. L. Stephens, of Kansas City, Kan., Charles R. Wilke, of Lincoln, Neb., and John C. Grover, of Kansas City, Mo., for petitioners.

Roland Boynton, Walter Griffin, Chas. W. Steiger, and E. H. Hatcher, all of Topeka, Kan., for defendants.

Before McDERMOTT, Circuit Judge, and KENNAMER and HOPKINS, District Judges.


McDERMOTT, Circuit Judge.

Chapter 236, of the Laws of 1931, lays a special tax, based on truck capacity and mileage, upon carriers which carry for hire (public and contract carriers) and upon those who are engaged in the transportation by motor vehicle of property sold in furtherance of any commercial enterprise (private carriers). Such taxes must be used for the maintenance, repair, and reconstruction of public highways, and the administration of the act. It requires...

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