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Query v. United States, 316 U.S. 486 (1942)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Query v. United States, 316 U.S. 486 (1942)
Query v. United States No. 619 Argued May 5, 1942 Decided June 1, 1942 316 U.S. 486
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. A suit to restrain the enforcement of a State tax on the purchase and sale of goods at Army Post Exchanges, upon the ground that such Exchanges are federal instrumentalities and that therefore the state statute imposing the tax is, as applied to them, unconstitutional, is a suit cognizable by a three-judge District Court under Jud.Code § 266. Pp. 487, 490.
2. An appeal from a decree of injunction granted by a three-judge District Court under Jud.Code § 266 lies directly to this Court, not to the Circuit Court of Appeals. P. 490.
3. Where appeals in such a case were taken erroneously to the Circuit Court of Appeals, and from that court to this, and the time within which a direct appeal from the three-judge District Court to this Court under Jud.Code § 266 had elapsed, the decree of the Circuit Court of Appeals was vacated, and the cause remanded to the District Court for the entry of a fresh decree from which a timely appeal might be taken. P. 491.
121 F.2d 631 vacated.
Certiorari, post, p. 653, to review a decree sustaining an injunction against enforcement of a state sales tax as applied to the purchase and sale of goods at Army Post Exchanges.
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Chicago: U.S. Supreme Court, "Syllabus," Query v. United States, 316 U.S. 486 (1942) in 316 U.S. 486 316 U.S. 487. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=W58QBEUCDYRILPQ.
MLA: U.S. Supreme Court. "Syllabus." Query v. United States, 316 U.S. 486 (1942), in 316 U.S. 486, page 316 U.S. 487. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=W58QBEUCDYRILPQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Query v. United States, 316 U.S. 486 (1942). cited in 1942, 316 U.S. 486, pp.316 U.S. 487. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=W58QBEUCDYRILPQ.
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