Cunningham v. Potts

CUSHMAN, District Judge.

Plaintiffs, owners and operators of motor vehicles, in their complaint ask that the defendant, treasurer of the state of Washington, be enjoined from collecting the liquid fuel tax for which provision is made in chapter 173, p. 669, of the Washington Laws of 1921, and chapter 81, p. 242, of the Laws of 1923, and for themselves and others similarly situated seek to recover from the defendant a large amount of such taxes heretofore, and since January 1, 1925, by him collected. Defendant moves to dismiss.

Plaintiff cites: Edwards v. Bodkin, 249 F. 562, 161 C. C. A. 488 (C.…