New York Court of Appeals, 1939

Matter of Berwind-White Coal Mining Co. v. McGoldrick

Matter of Berwind-White Coal Mining Co. v. McGoldrick
New York Court of Appeals · Decided September 27, 1939
22 N.E.2d 764; 281 N.Y. 670; 1939 N.Y. LEXIS 1119 (North Eastern Reporter, Second Series)

Matter of Berwind-White Coal Mining Co. v. McGoldrick

Opinion of the Court

Motion for reargument denied and motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding after the words be and the same hereby is affirmed, with costs,” the words “ upon the sole ground that the City Sales Tax Law as here applied violates the Commerce Clause (Art. 1, sec. 8, cl. 3) of the Constitution of the United States.” (See 281 N. Y. 610.)

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