TEXAS CO. v. CARMICHAEL

No. 662.

13 F.Supp. 242 (1935)

TEXAS CO. v. CARMICHAEL et al.

District Court, M. D. Alabama.

December 7, 1935.


Attorney(s) appearing for the Case

John S. Coleman, of Birmingham, Ala. (Bradley, Baldwin, All & White, of Birmingham, Ala., of counsel), for plaintiff.

Albert A. Carmichael, Atty. Gen. of Alabama, Frontis H. Moore, Asst. Atty. Gen., Peyton Bibb, Sp. Asst. Atty. Gen., Thomas J. Judge, of Birmingham, Ala., and Richard T. Rives, of Montgomery, Ala., for defendants.

Gessner T. McCorvey (of Stevens, McCorvey, McLeod, Goode & Turner), of Mobile, Ala. (J. S. Atkinson, of Shreveport, La., of counsel), for Gulf Refining Co., amici curiæ on behalf of plaintiff.

Frank J. Wideman, Asst. U. S. Atty. Gen., Andrew D. Sharpe, M. H. Eustace, and Paul R. Russell, Sp. Assts. to U. S. Atty. Gen., and T. D. Samford, Dist. Atty., of Montgomery, Ala., amici curiæ, on behalf of the United States.

Before HUTCHESON, Circuit Judge, and ERVIN and KENNAMER, District Judges.


ERVIN, District Judge.

This is a bill seeking to enjoin the state of Alabama from levying an excise tax on such gasoline as the complainant sells to United States government, in which it is contended that such tax would be unconstitutional if so levied.

Hearing was had on an agreement that the matter would be submitted both for a preliminary and final injunction. The submission was on an agreed statement of facts.

In this case it is contended that...

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