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COOK'S ESTATE, TRUSTEES v. SHEPPARD

No. 479.

8 F.Supp. 21 (1934)

COOK'S ESTATE, TRUSTEES, v. SHEPPARD, State Comptroller, et al.

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

September 11, 1934.

Attorney(s) appearing for the Case

William R. Watkins, of Fort Worth, Tex., for plaintiffs.

James V. Allred, Atty. Gen., and Willis E. Gresham, Asst. Atty. Gen., for defendants.

Before HUTCHESON, Circuit Judge, and WEST and McMILLAN, District Judges.

McMILLAN, District Judge.

In this case plaintiffs attack H. B. No. 154 passed by the Forty-Third Legislature of the state of Texas in 1933 at its Regular Session, c. 162, p. 409 (as amended). This act substantially purports to levy an occupation tax on the production of oil in Texas; the amount of the tax being arrived at by assessing a certain amount against each barrel produced. In so far as the act is pertinent to this case, it is here copied in a footnote.

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