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MASSACHUSETTS v. UNITED STATES

No. 76-1500.

435 U.S. 444 (1978)

98 S.Ct. 1153

55 L.Ed.2d 403

MASSACHUSETTS v. UNITED STATES.

Supreme Court of United States.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Terence P. O'Malley, Assistant Attorney General of Massachusetts, argued the cause for petitioner. With him on the brief were Francis X. Bellotti, Attorney General, and S. Stephen Rosenfeld and Margot Botsford, Assistant Attorneys General.

Allan A. Ryan, Jr., argued the cause for the United States. On the brief were Solicitor General McCree, Assistant Attorney General Ferguson, Stuart A. Smith, and Ann Belanger Durney.*

MR. JUSTICE BRENNAN delivered the opinion of the Court.*

As part of a comprehensive program to recoup the costs of federal aviation programs from those who use the national airsystem, Congress in 1970 imposed an annual registration tax on all civil aircraft that fly in the navigable airspace of the United States. 26 U. S. C. § 4491.1 The constitutional question...

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