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SOUTHERN PAC. CO. v. CORBETT

No. 4055-S.

20 F.Supp. 940 (1937)

SOUTHERN PAC. CO. v. CORBETT et al.

District Court, N. D. California, S. D.

September 10, 1937.

Attorney(s) appearing for the Case

Harry H. McElroy and Guy V. Shoup, both of San Francisco, Cal., for plaintiff.

U. S. Webb, Atty. Gen., for defendants.

Before DENMAN, Circuit Judge, and ST. SURE and ROCHE, District Judges.

DENMAN, Circuit Judge.

This case involves the question whether the necessary incidental storage of materials bought by an interstate railway company for installation in the service of repair and replacement, under a predetermined plan for the maintenance and improvement of the service, is a use in interstate commerce. The State of California, under a general tax law applying to all persons storing within the state goods purchased without the state, upon which goods...

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