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HAMMOND PACKING CO. v. MONTANA

No. 278.

233 U.S. 331 (1914)

34 S.Ct. 596

58 L.Ed. 985

HAMMOND PACKING COMPANY v. STATE OF MONTANA.

Supreme Court of United States.

Decided April 13, 1914.

Attorney(s) appearing for the Case

Mr. M.S. Gunn for plaintiff in error.

Mr. D.M. Kelly, Attorney General of the State of Montana, and Mr. J.H. Alvord, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action to recover a license-tax of one cent per pound sold for carrying on the business of selling oleomargarine. The answer, with some allegations not now material, admitted the facts and set up that § 4064 of the Political Code of Montana as amended by § 2763, Revised Codes, by which the tax was imposed, violates the Fourteenth Amendment. That is the only question raised here, so that other...

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