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RINGLING BROS.-BARNUM & BAILEY C. SHOWS v. SHEPPARD

No. 9919.

123 F.2d 773 (1941)

RINGLING BROS.-BARNUM & BAILEY COMBINED SHOWS, Inc., v. SHEPPARD, Comptroller of Public Accounts of Texas.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 2, 1942.

Attorney(s) appearing for the Case

H. T. Bowyer and Morris I. Jaffe, both of Dallas, Tex., for appellant.

Gerald C. Mann, Atty. Gen. of Texas, Geo. W. Barcus and Pat M. Neff, Jr., Asst. Attys. Gen. of Texas, for appellees.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

Appellant brought this suit to recover money paid under protest as admission taxes levied under Article 7047a — 19, Vernon's Annotated Revised Civil Statutes of Texas. It contends that the statute does not apply to a circus, and that, if it was intended to do so, it is violative of Article 8, Sections 1 and 2, of the Constitution of Texas. The judgment appealed from sustained the levy and collection...

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