ARMCO INC. v. HARDESTY

No. 83-297.

467 U.S. 638 (1984)

ARMCO INC. v. HARDESTY, TAX COMMISSIONER OF WEST VIRGINIA

Supreme Court of United States.

Decided June 12, 1984


Attorney(s) appearing for the Case

Richard R. Dailey argued the cause for appellant. With him on the briefs were Edward H. Hein and Michael J. Rufkahr.

Robert Digges, Jr., Assistant Attorney General of West Virginia, argued the cause for appellee. With him on the brief were Chauncey H. Browning, Attorney General, and Jack C. McClung, Deputy Attorney General.*


JUSTICE POWELL delivered the opinion of the Court.

In this appeal an Ohio corporation claims that West Virginia's wholesale gross receipts tax, from which local manufacturers are exempt, unconstitutionally discriminates against interstate commerce. We agree and reverse the state court's judgment upholding the tax.

I

Appellant Armco Inc. is an Ohio corporation qualified to do business in West Virginia. Its primary business is manufacturing and selling...

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