Southern Grocery Stores v. South Carolina Tax Com.
Decision Date | 02 February 1932 |
Citation | 55 F.2d 931 |
Court | U.S. District Court — District of South Carolina |
Parties | SOUTHERN GROCERY STORES, Inc., et al. v. SOUTH CAROLINA TAX COMMISSION et al. |
Gwinn & Pell and Davies, Auerback & Cornell, all of New York City, Harold Hirsch & Marion Smith and W. B. Cody, all of Atlanta, Ga., and Benet, Shand & McGowan, of Columbia, S. C., for complainants.
J. Fraser Lyon, of Columbia, S. C., for defendants.
Before PARKER and NORTHCOTT, Circuit Judges, and GLENN, District Judge.
This is a suit brought by the Southern Grocery Stores, a Delaware corporation, in behalf of itself and others similarly situated, against the members of the South Carolina tax commission, to enjoin the enforcement of the South Carolina chain store tax, being Act No. 829 of 1930 (36 St. at Large, p. 1384). A motion to dismiss has been made, based on a number of grounds; but defendants now make no point that there is an adequate remedy at law, withdrawing the contention to that effect, and consenting that equity take jurisdiction if the bill states any ground of relief. They contend, however, that the statute attacked is valid, and that the bill alleges no ground for the relief prayed.
The statute in question is as follows:
In the light of recent decisions of the Supreme Court, we think there can be no question as to the constitutionality of this statute. State Board of Tax Commissioners of Indiana v. Jackson, 283 U. S. 527, 51 S. Ct. 540, 75 L. Ed. 1248, 73 A. L. R. 1464; Great Atlantic & Pacific Tea Co. v. Maxwell, 284 U. S. ___, 52 S. Ct. 26, 76 L. Ed. ___; Great Atlantic & Pacific Tea Co. v. Morissett, 284 U. S. ___, 52 S. Ct. 127, 76 L. Ed. ___.
Complainant contends that the...
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