AERO TRANSIT CO. v. COMM'RS.

No. 39.

332 U.S. 495 (1947)

AERO MAYFLOWER TRANSIT CO. v. BOARD OF RAILROAD COMMISSIONERS OF MONTANA ET AL.

Supreme Court of United States.

Decided December 8, 1947.


Attorney(s) appearing for the Case

Edmond G. Toomey argued the cause and filed a brief for appellant.

Clarence Hanley, Assistant Attorney General of Montana, argued the cause for appellees. With him on the brief were R.V. Bottomly, Attorney General, and Edwin S. Booth.


MR. JUSTICE RUTLEDGE delivered the opinion of the Court.

Again we are asked to decide whether state taxes as applied to an interstate motor carrier run afoul of the commerce clause, Art. I, § 8, of the Federal Constitution.

Two distinct Montana levies are questioned. Both are imposed by that state's Motor Carriers Act, Rev. Codes Mont. (1935) §§ 3847.1-3847.28. One is a flat tax of $10 for each vehicle operated by a motor carrier over the state...

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