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GREAT AMERICAN INSURANCE COMPANY v. GOLD

No. 450.

118 S.E.2d 792 (1961)

254 N.C. 168

GREAT AMERICAN INSURANCE COMPANY and Hardware Mutual Insurance Company of the Carolinas, Inc. v. Charles F. GOLD, Commissioner of Insurance, Berry C. Gibson, Henry L. Bridges, Charles F. Gold, I. Miller Warren and Clyde C. Carter, constituting The Board of Trustees of the North Carolina Firemen's Pension Fund; The North Carolina Firemen's Association; C. R. Puryear and Ray E. Scott.

Supreme Court of North Carolina.

March 1, 1961.

Attorney(s) appearing for the Case

Joyner & Howison, Allen & Hipp, Raleigh, for appellants.

T. W. Bruton, Atty. Gen., Lucius W. Pullen, Asst. Atty. Gen., Taylor & Ellis, Raleigh, for appellees.

MOORE, Justice.

Plaintiffs challenge the constitutionality of three Acts of the General Assembly passed at the 1959 Session. These Acts and their general provisions are as follows:

(1) S.L.1959, c. 1211, codified as the sixth paragraph from the end of G.S. § 105-228.5. This section is a part of subchapter I of Chapter 105 of the General Statutes of North Carolina.

The Act levies a tax at the rate of 1% on the gross amount of premiums collected...

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