Martin v. Producers Pipe Line Co.

ALLEN, Circuit Judge.

Appeal from a decree of permanent injunction, restraining appellants from assessing against appellee for the year 1936 a franchise tax under § 4077, Carroll’s Kentucky Statutes.1

The facts for the most part are not in controversy. Appellee is a Delaware corporation which operates a pipe line for the transportation of crude petroleum through five counties of Kentucky. The oil is purchased by appellee in a competitive market, and after passing through its pipe line to the Ohio River, it is loaded upon appellee’s barges and carried to the Louisville Refining Company, at…