Legal Opinion

Ervin v. Alabama

Court of Appeals for the Fifth Circuit

Decided November 22, 1935No. 7840PublishedCited by 6 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

An appeal and cross-appeal, these proceedings test whether and how much the railroad company owes Alabama for taxes as .a storer of gasoline, and whether the state has a lien for them superior to all other liens.

The receivers’ appeal is from a finding and judgment that the railroad company was a storer of gasoline, and liable for taxes to the extent of $21,567.03 on account of gasoline stored in tanks of the railroad company in Alabama, and subsequently drawn out and used on its trains.

The state’s appeal is from a judgment denying that the railroad company was a…

2Cases cited8 opinions

  1. Nashville, C. & St. LR Co. v. WallaceSupreme Court of the United States · 1933
  2. Nashville, Chattanooga & St. Louis Railway Co. v. WallaceSupreme Court of the United States · 1933
  3. Edelman v. Boeing Air Transport, Inc.Supreme Court of the United States · 1933
  4. Foster & Creighton Co. v. GrahamTennessee Supreme Court · 1926
  5. State v. City of MontgomerySupreme Court of Alabama · 1933

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

3Cited by6 opinions

  1. City of Birmingham v. State Ex Rel. CarmichaelSupreme Court of Alabama · 1936
  2. Commissioner of Internal Revenue v. Rust's EstateCourt of Appeals for the Fourth Circuit · 1940
  3. District of Columbia v. Hechinger Properties Co.District of Columbia Court of Appeals · 1964
  4. State v. WynneCourt of Appeals of Texas · 1938
  5. Commissioner of Internal Revenue v. Rust's EstateCourt of Appeals for the Fourth Circuit · 1940

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

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