SOUTHERN REALTY CORPORATION v. McCALLUM

No. 381.

1 F.Supp. 614 (1932)

SOUTHERN REALTY CORPORATION et al. v. McCALLUM, Secretary of State, et al.

District Court, W. D. Texas, Austin Division.

October 17, 1932.


Attorney(s) appearing for the Case

Ben H. Powell, of Austin, Tex., McCormick, Bromberg, Leftwich & Carrington, of Dallas, Tex., Polk, Sansom & Terrell, of Fort Worth, Tex., and Rice, Hyman & Suggs, of Dallas, Tex., for plaintiffs.

James V. Allred, Atty. Gen., and F. O. McKinsey and Sidney Benbow, Asst. Attys. Gen., for defendants.


McMILLAN, District Judge.

Plaintiffs, comprising a large number of domestic and foreign corporations, seek by bill in equity to enjoin the enforcement of what is commonly known as the "Franchise Tax Law of the State of Texas." Acts Tex. 1930, 5th Called Sess., c. 68. While the act is assailed on constitutional grounds, the issuance of a preliminary injunction was not insisted on, the parties having by agreement provided for holding in suspense the taxes paid under...

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