UNITED STATES
v.
WOODWORTH ET AL.

2d Cir. | 1948-12-01
Nos. 6, Docket 20600
170 F.2d 1019 United States Court of Appeals for the Second Circuit (1948) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the district court had jurisdiction and a three-judge court was not necessary, affirming the lower court's decision.


Facts & Procedural History

Appellants contended the district court lacked jurisdiction over a suit for an injunction restraining state tax collection and that a three-judge cour…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
FRANK, Circuit Judge.

FRANK, Circuit Judge.

1. The appellants contend that, as this suit was for an injunction restraining the collection of a state tax, the district court, Because of the last sentence of 28 U.S.C.A. § 41(1) [now § 1341], lacked jurisdiction. We cannot agree. We think Congress did not intend this statutory provision, added by amendment in 1937, to apply to the United States which was not specifically named therein. United States v. United Mine Workers, 330 U.S. 258, 272, 273, 67 S.Ct. 677, 91 L.Ed. 884. The Committee reports support this interpretation.1 See also City of Springfield v. United States, 1 Cir., 99 F. 2d 860; United States v. Okaloosa County, D. C., 59 F.Supp. 426.

2. We reject appellants’ contention that a three-judge court was necessary, pursuant to 28 U.S.C.A. § 380 [now §- 2281]. For here the United States did not seek a temporary injunction. Ayrshire Collieries Corp. v. United States, 331 U.S. 132, 140-144, 67 S.Ct. 1168, 91 L.Ed. 1391.2

3. Land owned by the federal government is not, without its consent, manifested by a Congressional enactment, subject to state taxation, regardless of whether jurisdiction over the land has been ceded to the federal government. Van Brocklin v. State of Tennessee, 117 U.S. 151, 180, 6 S.Ct. 670, 29 L.Ed. 845. This is true even when the .tax has been levied before the acquisition by the United States, -if, as here, the tax had not previously become a lien. United States v. City of Buffalo, 2 Cir., 54 F. 2d 471, 473.

Affirmed.

S. Rep. No. 1035, H. Rep. No. 1503, 75th Cong. 1st Sess.

Judgment here was entered February 11, 1947, and notice of appeal was given March 8, 1947; accordingly, the amendments to the statute, now found in 28 U.S.C.A. §§ 2281-2284, are inapplicable.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw