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STATE OF MISSOURI v. ROSS

Nos. 10239, 10281.

80 F.2d 329 (1935)

STATE OF MISSOURI v. ROSS et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 31, 1935.

Attorney(s) appearing for the Case

Harry G. Waltner, Jr., Asst. Atty. Gen. (Roy McKittrick, Atty. Gen., on the brief), for appellant.

John G. Burkhardt, Associate City Counselor, of St. Louis, Mo. (Charles M. Hay, City Counselor, of St. Louis, Mo., on the brief), for appellees.

Before GARDNER, WOODROUGH, and FARIS, Circuit Judges.

GARDNER, Circuit Judge.

This matter comes to us on appeal from an order of the lower court denying appellant's motion to direct the trustee in bankruptcy of the Laessig's Oil Products, Inc., to pay the claim of the state of Missouri for gasoline taxes in full before making any payment to the city of St. Louis for gasoline taxes.

Laessig's Oil Products, Inc., was, prior to bankruptcy, engaged in the business of distributing and selling motor vehicle fuels and...

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