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GREAT ATLANTIC & PACIFIC TEA CO. v. MAXWELL

No. 2.

284 U.S. 575 (1931)

GREAT ATLANTIC & PACIFIC TEA CO. ET AL. v. MAXWELL, COMMISSIONER OF REVENUE.

Supreme Court of United States.

Decided October 26, 1931.

Attorney(s) appearing for the Case

Mr. John W. Davis, with whom Messrs. Edward H. Green, Martin A. Schenck, Charles W. Tillett, Jr., Clark McKercher, W.H. Dannat Pell, and Edward H. Holloway were on the brief, for appellants. Mr. Dennis G. Brummitt, Attorney General of North Carolina, with whom Messrs. Frank Nash, Walter D. Siler, and A.A.F. Seawell, Assistant Attorneys General, were on the brief, for appellee. Mr. J. Fraser Lyon, by leave of Court, filed a brief on behalf of the Tax Commission of South Carolina, as amicus curiae.

Per Curiam.

Judgment affirmed. State Board of Tax Commissioners v. Jackson, 283 U.S. 527.

MR. JUSTICE VAN DEVANTER and MR. JUSTICE SUTHERLAND concur in the judgment solely upon the ground that the decision in State Board of Tax Commissioners v. Jackson, supra, is in point and controlling; but if the question were still open they would regard the taxing act as repugnant to the equal protection clause...

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