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TAX COMMISSION v. WILBUR

No. 215.

304 U.S. 544 (1938)

TAX COMMISSION v. WILBUR ET AL., CO-TRUSTEES.

Supreme Court of United States.

Decided May 16, 1938.

Attorney(s) appearing for the Case

Messrs. A.F. O'Neil, First Assistant Attorney General of Ohio, and Will P. Stephenson, with whom Messrs. Herbert S. Duffy, Attorney General of Ohio, and W.H. Middleton, Jr. were on the brief, for petitioner. Mr. Edwin H. Chaney, with whom Messrs. Harold T. Clark, Atlee Pomerene, and Howard L. Barkdull were on the brief, for respondents. By leave of Court, Mr. Mortimer M. Kassell filed a brief on behalf of the Tax Commission of the State of New York, as amicus curiae, in support of the petitioner.

Per Curiam.

The writ of certiorari is dismissed as it appears upon argument that the judgment sought to be reviewed rests upon a non-federal ground adequate to support it. Cuyahoga Power Co. v. Northern Realty Co., 244 U.S. 300, 303, 304; Knights of Pythias v. Meyer, 265 U.S. 30, 32, 33; Lynch v. New York, 293 U.S. 52

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