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MONT. CTY. v. MD. SOFT DRINK ASS'N

[No. 14, September Term, 1977.]

281 Md. 116 (1977)

377 A.2d 486

MONTGOMERY COUNTY, MARYLAND ET AL. v. MARYLAND SOFT DRINK ASSOCIATION, INC. ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed October 10, 1977.

Denied October 21, 1977.

Attorney(s) appearing for the Case

Nathan J. Greenbaum, Assistant County Attorney, with whom was Richard S. McKernon, County Attorney, on the brief, for appellants.

Wallace E. Hutton, with whom were Hutton & Kalis on the brief, for appellee Maryland Soft Drink Association, Inc. et al. and by Roger W. Titus, City Attorney, with whom was Paul T. Glasgow, Assistant City Attorney, on the brief, for appellee Mayor and Council of Rockville.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

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

The central issue presented in this case is whether a tax imposed upon non-returnable beverage containers by Montgomery County (the County) is a sales tax which the County was prohibited from enacting by state law. A group of plaintiffs consisting of trade associations, bottling companies and retail beverage dealers successfully challenged the tax by obtaining declaratory and injunctive relief in their favor in the Circuit...

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