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DUKE POWER CO. v. SOUTH CAROLINA TAX COMMISSION

No. 3906.

81 F.2d 513 (1936)

DUKE POWER CO. et al. v. SOUTH CAROLINA TAX COMMISSION.

Circuit Court of Appeals, Fourth Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

H. J. Haynsworth, of Greenville, S. C., and J. H. Marion, of Charlotte, N. C. (W. S. O'B. Robinson, Jr., and J. C. McGowan, both of Charlotte, N. C., on the brief), for appellants.

Claude K. Wingate, of Columbia, S. C. (John M. Daniel, Atty. Gen., and J. Fraser Lyon, of Columbia, S. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and COLEMAN, District Judge.

PARKER, Circuit Judge.

This is an appeal from a judgment sustaining demurrers and dismissing two consolidated actions instituted by the Duke Power Company and the affiliated Southern Public Utilities Company to recover taxes paid under protest pursuant to the South Carolina Power Tax Act (Act S. C. May 9, 1931, 37 St. at Large, p. 357 [Code 1932, § 2558 et seq.]), for the generation and sale of electric power during the month of November, 1933. Other actions...

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