FOX v. GULF REFINING CO.

No. 70.

295 U.S. 75 (1935)

FOX, TAX COMMISSIONER OF WEST VIRGINIA, v. GULF REFINING CO.

Supreme Court of United States.

Decided April 8, 1935.


Attorney(s) appearing for the Case

Mr. Homer A. Holt, Attorney General of West Virginia, with whom Messrs. R. Dennis Steed and Wm. Holt Wooddell, Assistant Attorneys General, were on the brief, for appellant.

Mr. Arthur Dayton, with whom Mr. Fred O. Blue was on the brief, for appellee.


PER CURIAM.

The appellee brought this suit to restrain the enforcement of the West Virginia Chain Store Act (c. 36, West Virginia Acts, 1933), upon the grounds (1) that gasoline filling stations were not "stores" within the meaning of the Act; (2) that, if the Act were interpreted to include such filling stations, it violated the due process and equal protection clauses of the Fourteenth Amendment of the Constitution of the United States; and (3) that if the foregoing...

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