LASKER BOILER AND ENGINEERING CORPORATION v. HAMM

Civ. A. No. 1906-N.

216 F.Supp. 74 (1963)

LASKER BOILER AND ENGINEERING CORPORATION, an Illinois Corporation, Plaintiff, v. Phillip HAMM, as Commissioner of Revenue of the State of Alabama, and his successors in said office, Defendant.

United States District Court M. D. Alabama, N. D.

April 5, 1963.


Attorney(s) appearing for the Case

Forest D. Herrington, of Bell, Morring, Richardson & Cleary, Huntsville, Ala., and Joseph W. Grady, of Brooks & Grady, Chicago, Ill., for plaintiff.

Richmond M. Flowers, Atty. Gen., Willard W. Livingston, Counsel, Department of Revenue, and Asst. Atty. Gen., Charles P. Miller, Asst. Counsel, Department of Revenue, and Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for defendant.


JOHNSON, District Judge.

This cause is now submitted upon the motion of the defendant Commissioner of Revenue of the State of Alabama, filed herein on March 26, 1963, by and through the Attorney General of the State of Alabama, wherein said defendant seeks to have this Court dismiss this proceeding. The grounds which the defendant assigns in support of his motion to dismiss are, first, that this Court lacks jurisdiction; second, that the complaint fails to state a...

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