AMERICAN AIRWAYS v. WALLACE

No. 475.

57 F.2d 877 (1932)

AMERICAN AIRWAYS, Inc., v. WALLACE, Comptroller, et al.

District Court, M. D. Tennessee.

March 31, 1932.


Attorney(s) appearing for the Case

J. W. Canada and C. P. J. Mooney, both of Memphis, Tenn., for plaintiff.

L. D. Smith, Atty. Gen., of Tennessee, and Roy H. Beeler, Asst. Atty. Gen., for defendants.

Before MOORMAN, Circuit Judge, and GORE and DAWSON, District Judges.


PER CURIAM.

This is a suit in equity to enjoin defendants, who are state officials, from collecting a state gasoline tax, imposed by the Tennessee Legislature, chapter 58, Pub. Acts of 1923, amended by chapter 67, Pub. Acts of 1925, on the ground that the tax imposes a burden upon interstate commerce, in violation of the commerce clause of the Constitution of the United States, article 1, § 8.

Chapter 58, Pub. Acts of 1923, imposes a tax upon all persons...

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