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MARTIN v. PRODUCERS PIPE LINE CO.

No. 8209.

113 F.2d 817 (1940)

MARTIN et al. v. PRODUCERS PIPE LINE CO.

Circuit Court of Appeals, Sixth Circuit.

June 7, 1940.

Attorney(s) appearing for the Case

Jesse K. Lewis and A. E. Funk, both of Frankfort, Ky. (Hubert Meredith, A. E. Funk, and Jesse K. Lewis, all of Frankfort, Ky., on the brief), for appellants.

Wilbur K. Miller, of Owensboro, Ky. (Cary, Miller & Kirk, Arthur D. Kirk, and Wilbur K. Miller, all of Owensboro, Ky., on the brief), for appellee.

Before SIMONS, ALLEN and ARANT, Circuit Judges.

ALLEN, Circuit Judge.

Appeal from a decree of permanent injunction, restraining appellants from assessing against appellee for the year 1936 a franchise tax under § 4077, Carroll's Kentucky Statutes.1

The facts for the most part are not in controversy. Appellee is a Delaware corporation which operates a pipe line for the transportation of crude petroleum through five counties of Kentucky. The oil is purchased by appellee in...

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