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BODE v. BARRETT

No. 187.

344 U.S. 583 (1953)

73 S.Ct. 468

97 L.Ed. 567

BODE ET AL. v. BARRETT, SECRETARY OF STATE, ET AL.

Supreme Court of United States.

Decided February 9, 1953.

Attorney(s) appearing for the Case

Scott W. Lucas, Charles A. Thomas and Hugh J. Graham, Jr. submitted on brief for appellants in No. 187.

Frank R. Reid, Jr. argued the cause for appellants in No. 274. With him on the brief were Sam Alschuler, Ralph C. Putnam, Jr. and William C. Murphy.

Ivan A. Elliott, Attorney General of Illinois, and John T. Chadwell, Frank M. Pfeifer and Richard M. Keck, Special Assistant Attorneys General, submitted on brief for appellees in No. 187.

Mr. Chadwell argued the cause for appellees in No. 274. With him on the brief were Mr. Elliott, Mr. Pfeifer and Mr. Keck.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These cases challenge the constitutionality of § 9, 11, and 20 of the Illinois Motor Vehicle Law, as amended. Ill. Rev. Stat., 1951, c. 95 1/2. The statute imposes a tax for the use of the public highways and measures the tax exclusively by gross weight of the vehicle. Appellants, most of whom are interstate carriers, challenged the tax as violating the Commerce Clause (Art. I, § 8) of the Constitution...

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