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EASTERN AIR TRANSPORT v. SOUTH CAROLINA TAX COMMISSION

52 F.2d 456 (1931)

EASTERN AIR TRANSPORT, Inc., v. SOUTH CAROLINA TAX COMMISSION et al.

District Court, E. D. South Carolina.

September 3, 1931.

Attorney(s) appearing for the Case

Cuthell, White, Hotchkiss & Mills, of Washington, D. C., and Benet, Shand & McGowan, of Columbia, S. C., for complainant.

J. Fraser Lyon, of Columbia, S. C., for defendant.

Before PARKER, Circuit Judge, and ERNEST F. COCHRAN and GLENN, District Judges.

PARKER, Circuit Judge.

This is a suit to restrain the collection of the South Carolina gasoline tax with respect to gasoline sold to complainant, Eastern Air Transport, Inc., on the ground that as to such gasoline the tax imposes a burden upon interstate commerce in violation of the Commerce Clause of the Constitution of the United States. Const. art. 1, § 8, cl. 3. An interlocutory injunction restraining the collection of the tax is asked; and a court of three...

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