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MORLEY v. CAPITAL TRANSP. CO.

No. 4-9198.

232 S.W.2d 641 (1950)

MORLEY, Commissioner of Revenues v. CAPITAL TRANSP. CO.

Supreme Court of Arkansas.

Rehearing Denied October 2, 1950.

Dissenting Opinion October 2, 1950.

Attorney(s) appearing for the Case

H. Maurice Mitchell and O. T. Ward, Little Rock, for appellant.

House, Moses & Holmes, Little Rock, for appellee.

LEFLAR, Justice.

The issue in this case is whether the Capital Transportation Company's "trackless trolleys", large passenger busses operated by 150-horse power electric motors receiving their energy from overhead wires, are within the taxing provisions of Act 115 of 1939, Ark.Stats. § 75-206. That Act levies a tax upon all "motor busses (which) are operated on certain designated streets, according to regular schedules, in lieu of street cars, and the operators...

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