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WISCONSIN v. J.C. PENNEY CO.

No. 46.

311 U.S. 435 (1940)

61 S.Ct. 246

85 L.Ed. 267

WISCONSIN ET AL. v. J.C. PENNEY CO.

Supreme Court of United States.

Decided December 16, 1940.

Attorney(s) appearing for the Case

Messrs. Harold H. Persons, Assistant Attorney General of Wisconsin, and James Ward Rector, Deputy Attorney General, with whom Mr. John E. Martin, Attorney General, was on the brief, for petitioners.

Mr. W.H. Dannat Pell, with whom Messrs. Roswell Dean Pine, Jr. and G. Burgess Ela were on the brief, for respondent.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

Whether the tax imposed by § 3 of Chapter 505 of the Wisconsin Laws of 1935 may apply to a foreign corporation licensed to do business in Wisconsin without offending the Fourteenth Amendment of the Constitution is the question before us. The statute is quoted in the margin.1 When this question...

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