WARDAIR CANADA INC.
v.
FLORIDA DEPARTMENT OF REVENUE
Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 31, 1986
Decided June 18, 1986
Attorney(s) appearing for the Case
Walter D. Hansen argued the cause and filed briefs for appellant.
Albert G. Lauber, Jr., argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Deputy Solicitor General Wallace, Abraham D. Sofaer, and Jim J. Marquez.
Joseph C. Mellichamp III, Assistant Attorney General of Florida, argued the cause for appellee. With him on the briefs were Jim Smith, Attorney General, Mitchell D. Franks, William Townsend, and Stephen Keller.*
Benna Ruth Solomon and H. Bartow Farr III filed a brief for the National Governors' Association et al. as amici curiae urging affirmance.
Thomas W. Lager and Morton H. Silver filed a brief for Air Jamaica Ltd. et al. as amici curiae.
Supreme Court of United States.
JUSTICE BRENNAN delivered the opinion of the Court.
Appellant Wardair Canada Inc., a Canadian airline that operates charter flights to and from the United States, maintains in this action that the Commerce Clause1 of the Constitution precludes Florida from applying to it a tax on aviation fuel purchased in that State. Wardair also asserts that the Florida tax must fall because it violates a "clear unequivocal directive of Congress," allegedly...
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