IN RE NATIONAL TRUNK & LUGGAGE MFG. CO.

No. 33374-RJ.

33 F.Supp. 249 (1940)

In re NATIONAL TRUNK & LUGGAGE MFG. CO.

District Court, S. D. California, Central Division.

May 23, 1940.


Attorney(s) appearing for the Case

Earl Warren, Atty. Gen., of California, and John L. Nourse, Deputy Atty. Gen., of California, for State Board of Equalization.

Craig & Weller and J. P. Keleher, all of Los Angeles, Cal., for Paul W. Sampsell, trustee in bankruptcy.


COSGRAVE, District Judge.

The Supreme Court of the State of California has construed the law in question here, the California Retail Sales Tax, St.Cal.1933, p. 2599, as a tax upon the seller and not upon the buyer. Western Lithograph Co. v. State Board of Equalization, 11 Cal.2d 156, 78 P.2d 731, 117 A.L.R. 838. This interpretation is binding on the United States Courts. Erie Railway Co. v. Tompkins, 304...

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