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WEST POINT GROCERY CO. v. OPELIKA

No. 478.

354 U.S. 390 (1957)

77 S.Ct. 1096

1 L.Ed.2d 1420

WEST POINT WHOLESALE GROCERY CO. v. CITY OF OPELIKA, ALABAMA.

Supreme Court of United States.

Decided June 17, 1957.

Attorney(s) appearing for the Case

M. R. Schlesinger argued the cause for appellant. With him on the brief were N. D. Denson and Tom B. Slade.

R. E. L. Cope argued the cause for appellee. On the brief was Lawrence K. Andrews.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This is a suit to recover taxes paid by the appellant to the City of Opelika, Alabama, on the ground that the taxes in question imposed a discriminatory burden on interstate commerce. The state court sustained a demurrer to the complaint, 38 Ala. App. 444, 87 So.2d 661, rejecting the appellant's federal contention, and we noted probable jurisdiction. 352 U.S. 924.

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