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UNITED STATES v. STATE OF S.C.

Civ. A. No. 81-1867-0.

578 F.Supp. 549 (1983)

UNITED STATES of America, Plaintiff, v. STATE OF SOUTH CAROLINA and C.K. Powell, K.E. Allen, and M.S. Ingram, Commissioners of the South Carolina Alcoholic Beverage Control Commission, Defendants.

United States District Court, D. South Carolina, Columbia Division.

July 13, 1983.

Attorney(s) appearing for the Case

Henry Dargan McMaster, U.S. Atty., Cameron Currie, Asst. U.S. Atty., Columbia, S.C., William L. Shraberg, Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

C. Tolbert Goolsby, J.P. Wilson, David C. Eckstrom, Asst. Attys. Gen., Columbia, S.C., for S.C.

MEMORANDUM OPINION AND ORDER

MATTHEW J. PERRY, Jr., District Judge.

This action was commenced by the United States against the State of South Carolina and the Commissioners of the South Carolina Alcoholic Beverage Control Commission to obtain a declaratory judgment that Sections 61-7-300 and 61-9-1270 of the Code of Laws of South Carolina, 19761 impose an unconstitutional tax on federal instrumentalities and a permanent injunction...

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