BUTLER v. D. A. SCHULTE, INC.

No. 7017.

67 F.2d 632 (1933)

BUTLER et al. v. D. A. SCHULTE, Inc.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1933.


Attorney(s) appearing for the Case

R. B. Evins and Matt H. Murphy, both of Birmingham, Ala., for appellants.

William S. Pritchard, of Birmingham, Ala., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The Tobacco Tax Act, Acts of the Alabama Legislature approved October 22, 1932 (Gen. Acts Ala. 1932, Ex. Sess., p. 114), imposing a graduated license or privilege tax on articles including tobacco, set it at 1 cent for each package of cigarettes retailing at 5 cents, with an additional 1-cent tax for each additional 5 cents or fraction of the retail selling price.

As though the phrase "retail price" was not sufficiently definite in...

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