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RAILWAY EXPRESS AGENCY v. VIRGINIA

No. 38.

358 U.S. 434 (1959)

RAILWAY EXPRESS AGENCY, INC., v. VIRGINIA.

Supreme Court of United States.

Decided February 24, 1959.

Attorney(s) appearing for the Case

Thomas B. Gay argued the cause for appellant. With him on the brief were Robert J. Fletcher, William H. Waldrop, Jr. and H. Merrill Pasco.

Frederick T. Gray, Special Assistant Attorney General of Virginia, argued the cause for appellee. With him on the brief was Albertis S. Harrison, Jr., Attorney General.

MR. JUSTICE CLARK delivered the opinion of the Court.

Once again the effort of the Commonwealth of Virginia to levy a tax against express agencies is before us for decision. Nearly five years ago this Court struck down as a "privilege tax" violative of the Commerce Clause of the Federal Constitution its tax statute under which was laid an assessment on appellant's "privilege of doing business" in Virginia.1 Railway Express Agency

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