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BOEING AIR TRANSPORT v. EDELMAN

No. 578.

61 F.2d 319 (1932)

BOEING AIR TRANSPORT, Inc., v. EDELMAN, State Treasurer, et al.

Circuit Court of Appeals, Tenth Circuit.

October 4, 1932.

Attorney(s) appearing for the Case

John W. Lacey, of Cheyenne, Wyo. and William M. Allen, of Seattle, Wash. (Lacey & Loomis, of Cheyenne, Wyo., Eugene Luccock, of Seattle, Wash., and Todd, Holman & Sprague, of Seattle, Wash., on the brief), for appellant.

Thomas Seddon Taliaferro, Jr., of Rock Springs, Wyo. (Fred W. Johnson, of Rock Springs, Wyo., on the brief), for appellee City of Rock Springs.

James A. Greenwood, Atty. Gen., George W. Ferguson, Asst. Atty. Gen., and Harry B. Henderson, Jr., Atty. for City of Cheyenne, of Cheyenne, Wyo. (Richard J. Jackson, Deputy Atty. Gen., and Philip S. Garbutt, Asst. Atty. Gen., on the brief), for appellees State Treasurer and City of Cheyenne.

Before LEWIS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

LEWIS, Circuit Judge.

Appellant, a corporation under the laws of the State of Washington, brought this suit seeking an injunction against the State Treasurer of Wyoming restraining him from collecting from appellant a license tax imposed by the statutes of Wyoming on gasoline to be used by appellant in its airplanes in the transportation of passengers, express, and United States mail in interstate commerce, and to recover the tax theretofore paid. In appellant's business...

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