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BRUSHABER v. UNION PAC. R.R.

No. 140.

240 U.S. 1 (1916)

36 S.Ct. 236

60 L.Ed. 493

BRUSHABER v. UNION PACIFIC RAILROAD COMPANY.

Supreme Court of United States.

Decided January 24, 1916.

Attorney(s) appearing for the Case

Mr. Julien T. Davies, with whom Mr. Brainard Tolles, Mr. Garrard Glenn and Mr. Martin A. Schenck were on the brief, for the appellant.

The Solicitor General and Mr. Assistant Attorney General Wallace for the United States, as amicus curiae, by leave of the court, in support of the decree appealed from.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

As a stockholder of the Union Pacific Railroad Company the appellant filed his bill to enjoin the corporation from complying with the Income Tax provisions of the Tariff Act of October 3, 1913, (§ II, ch. 16, 38 Stat. 166). Because of constitutional questions duly arising the case is here on direct appeal from a decree sustaining a motion to dismiss because no...

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