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MID-NORTHERN CO. v. MONTANA

No. 256.

268 U.S. 45 (1925)

45 S.Ct. 440

69 L.Ed. 841

MID-NORTHERN OIL COMPANY v. J.W. WALKER, AS TREASURER, JOSEPH M. DIXON, GOVERNOR, AND C.T. STEWART, SECRETARY, OF THE STATE OF MONTANA, ET AL.

Supreme Court of United States.

Decided April 13, 1925.

Attorney(s) appearing for the Case

Mr. Frederick D. Anderson, with whom Messrs. Charles S. Thomas and Donald Campbell were on the brief, for the plaintiff in error.

Messrs. C.E. Pew, L.A. Foot, Attorney General of the State of Montana, and A.H. Angstman, Assistant Attorney General, were on the brief for defendants in error.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This suit was brought by the Oil Company to enjoin the enforcement of an annual license tax imposed by a state statute (Montana Revised Codes, 1921, § 2397-2408)1 upon persons producing petroleum, etc., equal to one per centum of the gross value of the oil produced during the year. The statute, as applied to the company, is assailed as invalid, upon the ground that the company...

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