Legal Opinion

South Carolina Power Co. v. South Carolina Tax Commission

District Court, E.D. South Carolina

Decided September 7, 1931No. 1634PublishedCited by 18 opinions

1Opinion of the Court

PARKER, Circuit Judge.

These are three independent suits instituted to enjoin the enforcement of the South Carolina statute imposing a tax on the production and sale of electric power. An interlocutory injunction is asked in each, and a court of three judges has been convened pursuant to section 206 of the Judicial Code (28 USCA § 380), and the eases have been heard together. Each suit involves an amount largely in excess of what is required for purposes of jurisdiction; and jurisdiction in equity is not controverted and unquestionably exists for the purpose of avoiding a multiplicity of suits.

2Cases cited52 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Brown v. MarylandSupreme Court of the United States · 1827
  4. Metcalf & Eddy v. MitchellSupreme Court of the United States · 1926
  5. United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922

47 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Appling County v. Municipal Electric Authority of GeorgiaCourt of Appeals for the Fifth Circuit · 1980
  2. Briggs v. ElliottDistrict Court, E.D. South Carolina · 1951
  3. Meiselman v. Paramount Film Distributing CorporationCourt of Appeals for the Fourth Circuit · 1950
  4. Dravo Contracting Co. v. JamesCourt of Appeals for the Fourth Circuit · 1940
  5. United States Smelting, Refining & Mining Co. v. HaynesUtah Supreme Court · 1947

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