Fox v. Gulf Refining Co., 295 U.S. 75 (1935)

Fox v. Gulf Refining Co.


No. 70


Argued April 2, 1935
Decided April 8, 1935
295 U.S. 75

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

Syllabus

Where all question relied on to sustain a judgment appealed from the District Court were disposed of adversely to appellee while the appeal was pending by a decision of this Court in another case, except a question of state law which the District Court had not decided, the judgment was reversed and the cause remanded to the District Court for decision of that question.

Reversed.

Appeal from a decree of the District Court, of three judges, permanently enjoining enforcement of the West Virginia Chain Store Taxing Act.