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STEWART DRY GOODS CO. v. LEWIS

Nos. 609-611, 3908.

7 F.Supp. 438 (1933)

STEWART DRY GOODS CO. v. LEWIS et al. LEVY et al. v. SAME. J. C. PENNEY CO. v. SAME. KROGER GROCERY & BAKING CO. v. LEWIS.

District Court, W. D. Kentucky.

December 20, 1933.

Attorney(s) appearing for the Case

Trabue, Doolan, Helm & Helm, of Louisville, Ky., and Nichols, Morrill, Wood, Marx & Ginter, of Cincinnati, Ohio, for plaintiffs.

Bailey P. Wootton, Atty. Gen., S. H. Brown, Asst. Atty. Gen., Batson, Cary & Welch, of Louisville, Ky., and Leslie W. Morris, of Frankfort, Ky., for defendants.

Before HICKS, Circuit Judge, and COCHRAN and DAWSON, District Judges.

DAWSON, District Judge.

These three cases are before us on final submission, and each of them involves the validity of chapter 149 of the 1930 Acts of the General Assembly of the commonwealth of Kentucky, commonly known as the Retail Merchants' Gross Sales Tax Act. The case of Kroger Grocery & Baking Company v. John B. Lewis et al., in the Eastern District of Kentucky, and involving the same questions, was heard and...

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