VIATOR v. STONE

No. 11127.

145 F.2d 824 (1944)

VIATOR v. STONE, Chairman of State Tax Commission et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 26, 1945.


Attorney(s) appearing for the Case

Albert Sidney Johnston, Jr., of Biloxi, Miss., for appellant.

J. H. Sumrall and W. B. Fontaine, both of Jackson, Miss., for appellees.

Before HOLMES, McCORD, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

This is an action by appellant against state officers to enjoin, after final hearing, the enforcement of an assessment of additional sales-taxes on the ground of the unconstitutionality of state statutes authorizing the same.

The court below dismissed the bill for the reason that the plaintiff had a plain, speedy, and adequate remedy in the state courts of Mississippi. This was not a good reason for dismissing the complaint, it being...

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