Opinion
No. 5752.
October 29, 1931.
APPEAL from the District Court of the Eleventh Judicial District, for Cassia County. Hon. Adam B. Barclay, Judge.
Action to restrain the collection of a gasoline tax. Judgment for plaintiff. Reversed.
Fred J. Babcock, Attorney General, and Maurice H. Greene, Assistant Attorney General, for Appellants.
Wolfe Neilson, for Respondents.
The law applicable to Independent School District v. Pfost, ante, p. 240, 4 P.2d 893, argued and submitted at this term, is decisive of this case. Upon the authority of the opinion in that case the judgment in this case is reversed, with directions to sustain the demurrer and dismiss the complaint.
Lee, C.J., and Budge, Givens and Varian, JJ., concur.