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GOLDEN EAGLE WESTERN LINES v. BINGAMAN

No. 2765.

14 F.Supp. 17 (1935)

GOLDEN EAGLE WESTERN LINES, Inc., v. BINGAMAN, Commissioner of Revenue of New Mexico, et al.

District Court, D. New Mexico.

July 19, 1935.

Attorney(s) appearing for the Case

Earl A. Bagby, of Los Angeles, Cal., and E. R. Wright, of Santa Fé, N. M., for plaintiff.

Frank H. Patton, Attorney General, of the State of New Mexico, for defendants.

Before McDERMOTT and BRATTON, Circuit Judges, and NEBLETT, District Judge.

PER CURIAM.

By section 2, chapter 176, Laws of 1933, the New Mexico Legislature "levied and imposed an excise tax of five cents (5¢) per gallon upon the sale and use of all gasoline and motor fuel sold or used in this state for any purpose except gasoline sold in interstate commerce."

Plaintiff operates a bus line through New Mexico, doing no intrastate business. It buys no gasoline in the state,1 Transcontinental & Western...

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