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FORD MOTOR CO. v. CLARK

No. 8664.

100 F.2d 515 (1938)

FORD MOTOR CO. v. CLARK, Secretary of State of State of Texas et al.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1938.

Attorney(s) appearing for the Case

Gaius G. Gannon, of Houston, Tex., for appellant.

Wm. McCraw, Earl Street, and Llewellyn B. Duke, all of Austin, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal is from the dismissal on demurrer of an action by Ford Motor Company against officers of the State of Texas to recover certain State franchise taxes for the year 1936 paid under protest. The contention is that in the amount sued for the exaction violated the interstate commerce clause of the federal Constitution, U.S.C.A.Const. art. 1, § 8, cl. 3, in that it burdened the interstate business of the taxpayer, and the due process...

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