Kroger Grocery & Baking Co. v. Martin

SIMONS, Circuit Judge.

The sole controversy involved in the present appeals relates to the refusal of the court to tax as costs to the successful plaintiff and interveners therein the premiums and expenses for bonds deposited as a condition to the continuance of a temporary restraining order.

The plaintiffs challenged the validity of the Kentucky Gross Sales Tax Act, Acts Ky.1930, c. 149, and sought injunction to restrain its enfbrcement. A three judge court held the legal remedy adequate, but was reversed, Stewart Dry Goods Co. v. Lewis et al., 287 U.S. 9, 53 S.Ct. 68, 77 L.Ed. 135. Upon…