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PHILLIPS CO. v. DUMAS SCHOOL DIST.

No. 40.

361 U.S. 376 (1960)

80 S.Ct. 474

4 L.Ed.2d 384

PHILLIPS CHEMICAL CO. v. DUMAS INDEPENDENT SCHOOL DISTRICT.

Supreme Court of United States.

Decided February 23, 1960.

Attorney(s) appearing for the Case

Clark M. Clifford argued the cause for appellant. With him on the brief were Carson M. Glass, Rayburn L. Foster, Harry D. Turner, C. J. Roberts and Thomas M. Blume.

Earnest L. Langley argued the cause for appellee. With him on the brief were James W. Witherspoon, John D. Aikin and Wayne E. Thomas.

John F. Davis argued the cause for the United States, as amicus curiae, by invitation of the Court. On the brief were Solicitor General Rankin, Assistant Attorney General Rice and Myron C. Baum.

Jack N. Price, Assistant Attorney General of Texas, argued the cause pro hac vice, by special leave of Court, on behalf of the State of Texas, as amicus curiae, in support of appellee. With him on the brief were Will Wilson, Attorney General of Texas, and W. V. Geppert, Executive Assistant Attorney General.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

In this case, among other issues which we need not reach, we are asked to decide whether a Texas tax statute, Article 5248 of the Revised Civil Statutes of Texas, as amended in 1950,1 discriminates unconstitutionally against the United States and those with whom it deals. We hold that it does.

Appellant, Phillips Chemical Company, engages in the commercial manufacture...

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