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STEMBLER v. CAPITOL HEIGHTS

[No. 81, September Term, 1959.]

221 Md. 113 (1959)

156 A.2d 430

STEMBLER AND FORD, INC. v. MAYOR AND COMMON COUNCIL OF CAPITOL HEIGHTS, MARYLAND

Court of Appeals of Maryland.

Decided December 11, 1959.

Attorney(s) appearing for the Case

Jerrold V. Powers, with whom were Sasscer, Clagett & Powers on the brief, for appellant.

William H. McCullough, with whom was William T. Pace on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

PRESCOTT, J., delivered the opinion of the Court.

The question involved in this appeal is a narrow one, and not difficult of solution. It is, as stated by the appellant, "whether the tax sought to be collected [is] valid and constitutional, in the fact of its alleged discriminatory effect."

The case originated as an action at law in the Circuit Court for Prince George's County by the Mayor and Common Council of Capitol...

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