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FAIR LANES, INC. v. COMPTROLLER OF TREASURY

[No. 304, September Term, 1971.]

265 Md. 361 (1972)

289 A.2d 595

FAIR LANES, INC. v. COMPTROLLER OF THE TREASURY OF THE STATE OF MARYLAND

Court of Appeals of Maryland.

Decided April 12, 1972.

Attorney(s) appearing for the Case

Donald N. Rothman and Herbert Goldman, with whom were Gordon, Feinblatt & Rothman on the brief, for appellant.

Jon F. Oster, Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN and SMITH, JJ.

BARNES, J., delivered the opinion of the Court.

The sole question in this appeal is whether the application of Maryland's chain store license tax, Code (1972 Repl. Vol.) Art. 56, § 57 (Laws of 1933, Ch. 542) for the license year 1970 against the appellant, Fair Lanes, Inc., including The Arundel Ice Cream Company (Arundel) and The English Company (English), as a single chain, is arbitrary, discriminatory and violative of the Equal Protection Clause of the Fourteenth...

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