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TRI-STATE AMUSEMENT, INC. v. STATE, STATE TAX DEPT.

254 A.2d 228 (1969)

TRI-STATE AMUSEMENT, INC., Petitioner Below, Appellant, v. STATE of Delaware, Acting Through the STATE TAX DEPARTMENT and E. H. Davis, State Tax Commissioner, Respondent Below, Appellee.

Supreme Court of Delaware.

May 13, 1969.

Attorney(s) appearing for the Case

B. Wilson Redfearn, of Tybout & Redfearn, Wilmington, for appellant.

Edward J. Wilson, Deputy Atty. Gen., Wilmington, for the Tax Commissioner.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from an order of the Superior Court upholding the constitutionality of 30 Del.C. § 2301, which is attacked on the ground that it is arbitrary, unreasonable, lacking in uniformity, and is therefore in violation of Article 8, § 1 of the Delaware Constitution, Del.C.Ann., which requires that all taxes imposed shall be uniform upon the same class of subjects.

Tri-State Amusement, Inc. conducts in the State of...

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