Hallanan v. Eureka Pipe Line Co., 261 U.S. 393 (1923)

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Hallanan v. Eureka Pipe Line Company

Nos. 569 and 885

Motion to dismiss or affirm, etc., submitted March 12, 1923
Decided April 9, 1923
261 U.S. 393

ON PETITION FOR A WRIT OF CERTIORARI AND IN ERROR TO THE

SUPREME COURT OF APPEALS OF THE STATE OF WEST VIRGINIA

Syllabus

A mandate from this Court reversing a judgment of a state court sustaining a tax here found to have been imposed partly on interstate commerce leaves the state court free to determine the purely state question whether the statute under which the tax was imposed is separable, so that the tax may be sustained in that part which affects only intrastate commerce. P. 397.

Petition for certiorari (No. 569) denied.

Writ of error (No. 885) dismissed.

Writ of error and petition for certiorari to review a judgment of the Supreme Court of Appeals of West Virginia, entered after the reversal of the same case by this Court in Eureka Pipe Line Co. v. Hallanan, 257 U.S. 265.