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PENNY STORES v. MITCHELL

No. 325.

59 F.2d 789 (1932)

PENNY STORES, Inc., v. MITCHELL, Atty. Gen. of Mississippi, et al.

District Court, S. D. Mississippi, Jackson Division.

July 7, 1932.

Attorney(s) appearing for the Case

Watkins, Watkins & Eager, of Jackson, Miss., for plaintiff.

J. A. Lauderdale, Asst. Atty. Gen., and W. L. Guice, Sp. Counsel, of Biloxi, Miss., for defendants.

Before a specially constituted court under section 266 of the Judicial Code, as amended, USCA, title 28, § 380, composed of FOSTER, Circuit Judge, and GRUBB and HOLMES, District Judges.

HOLMES, District Judge.

On May 10, 1930, effective on June 1 thereafter, the Mississippi Legislature enacted House Bill No. 567 (Laws Miss. 1930, c. 90), entitled an act to provide for additional public revenues by a "tax upon the privilege to engage in certain businesses; and imposing a tax on the sale of cigars and cigarettes; and a tax upon the price of admission to places of public amusement." A method of collecting the tax was provided, as well as penalties for...

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