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KROGER GROCERY & BAKING CO. v. MARTIN

No. 7507.

97 F.2d 348 (1938)

KROGER GROCERY & BAKING CO. et al. v. MARTIN et al.

Circuit Court of Appeals, Sixth Circuit.

June 9, 1938.

Attorney(s) appearing for the Case

Harry Kasfir, of Cincinnati, Ohio (Nichols, Morrill, Wood, Marx & Ginter, of Cincinnati, Ohio, and Trabue, Doolan, Helm & Helm, of Louisville, Ky., on the brief), for appellants.

A. E. Funk, of Frankfort, Ky. (Hubert Meredith, of Greenville, Ky., and A. E. Funk, of Frankfort, Ky., on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The sole controversy involved in the present appeals relates to the refusal of the court to tax as costs to the successful plaintiff and interveners therein the premiums and expenses for bonds deposited as a condition to the continuance of a temporary restraining order.

The plaintiffs challenged the validity of the Kentucky Gross Sales Tax Act, Acts Ky.1930, c. 149, and sought injunction to restrain its enforcement. A three judge court...

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