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UTAH POWER & LIGHT CO. v. PFOST

No. 1621.

54 F.2d 803 (1931)

UTAH POWER & LIGHT CO. v. PFOST, Commissioner of Law Enforcement of Idaho, et al.

District Court, D. Idaho, S. D.

December 30, 1931.

Attorney(s) appearing for the Case

Hawley & Worthwine, of Boise, Idaho, and Merrill & Merrill, of Pocatello, Idaho (Geo. R. Corey, of Salt Lake City, Utah, and John F. MacLane, of New York City, of counsel), for plaintiff.

Fred J. Babcock, Atty. Gen., and Sidman I. Barber and Maurice H. Greene, Asst. Attys. Gen., for defendants.

Before SAWTELLE, Circuit Judge, and WEBSTER and CAVANAH, District Judges, as a statutory three-judge court.

CAVANAH, District Judge.

In the original opinion of the court rendered on August 20, 1931, on the motions to dismiss and for an interlocutory injunction 52 F.2d 226, we considered and disposed of all questions presented, excepting the remaining one of fact as to whether the tax imposed by the act (Laws Idaho 1931, Ex. Sess., c. 3) was in its application to the plaintiff, a burden on interstate commerce, as there appeared from the...

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