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BROWN v. MORRIS

No. 45349.

290 S.W.2d 160 (1956)

Anne C. BROWN, Individually and as Administratrix of the Estate of Robert L. Brown, Deceased, Appellant, v. M. E. MORRIS, Director of Revenue, State of Missouri, and Albert S. Arenson, Collector of Revenue, Division of Collection, Department of Revenue, State of Missouri, Respondents.

Supreme Court of Missouri, en Banc.

May 14, 1956.

Attorney(s) appearing for the Case

Robert L. Brown, John B. Sharpe, St. Louis, for appellant.

John M. Dalton, Atty. Gen., Robert R. Welborn, Asst. Atty. Gen., for respondents.

STORCKMAN, Judge.

This declaratory judgment action attacks the constitutionality of the Missouri cigarette tax law which was approved by the voters at an election held on October 4, 1955, pursuant to a referendum ordered by the general assembly. The act imposes a tax for public school purposes at the rate of one mill per cigarette upon the sale of cigarettes in the State of Missouri. Chapter 149, RSMo 1949, as added in 1955, V.A.M.S. The plaintiffs appealed from an...

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