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MATTER OF EAGLE BUS MFG., INC.

No. 93-7692.

50 F.3d 317 (1995)

In the Matter of EAGLE BUS MANUFACTURING, INC., Debtor. STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISSION, Appellant, v. GREYHOUND LINES, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1995.

Attorney(s) appearing for the Case

Stanley P. Johnston, Deputy, Gen. Counsel, J.I.M. Caldwell, and Craig Key, Asst. Gen. Counsel, Oklahoma City, OK, for appellant.

Rebecca M. Fowler, John B. Turner, Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, OK, and Alan Shore Gover, and Oscar Cantu, Weil, Gotshal & Manges, Houston, TX, for appellee.

Before GARWOOD, SMITH and STEWART, Circuit Judges.

STEWART, Circuit Judge:

The Oklahoma State Tax Commission appeals the judgment of the District Court finding that its taxation of interstate bus tickets violated the Commerce Clause of the United States Constitution. For the following reasons, the judgment of the District Court is reversed.

BACKGROUND

Greyhound Lines, Inc. ("Greyhound") is a bus line providing transportation service for both intrastate and interstate travel. In 1990, it filed for...

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