City of Burley v. Pfrost, 5752
| Citation | 51 Idaho 255,4 P.2d 898 |
| Decision Date | 29 October 1931 |
| Docket Number | 5752 |
| Parties | CITY OF BURLEY, CASSIA COUNTY, IDAHO, and OAKLEY HIGHWAY DISTRICT, Respondents, v. EMMITT PFOST, Commissioner of Law Enforcement, State of Idaho, BURLEY HOME OIL COMPANY, a Corporation, and CONTINENTAL OIL COMPANY, a Corporation, Appellants |
| Court | Idaho Supreme Court |
APPEAL from the District Court of the Eleventh Judicial District, for Cassia County. Hon. Adam B. Barclay, Judge.
Action to restrain the collection of a gasoline tax. Judgment for plaintiff. Reversed.
Judgment reversed, with directions.
Fred J. Babcock, Attorney General, and Maurice H. Greene, Assistant Attorney General, for Appellants.
Wolfe & Neilson, for Respondents.
The law applicable to Independent School District v. Pfost, ante, p. 240, 4 P.2d 893, argued and submitted at this term, is decisive of this case. Upon the authority of the opinion in that case the judgment in this case is reversed, with directions to sustain the demurrer and dismiss the complaint.
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