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SO. UTAH MINES v. BEAVER COUNTY

No. 321.

262 U.S. 325 (1923)

SOUTH UTAH MINES & SMELTERS v. BEAVER COUNTY.

Supreme Court of United States.

Decided May 21, 1923.

Attorney(s) appearing for the Case

Mr. C.C. Parsons, with whom Mr. Fisher Harris and Mr. E.O. Leatherwood were on the briefs, for plaintiff in error.

Mr. Harvey H. Cluff, Attorney General of the State of Utah, and Mr. William A. Hilton, for defendant in error, submitted. Mr. J. Robert Robinson, Mr. W. Hal Farr and Mr. Lawrence A. Miner also were on the brief.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This is an action brought by the plaintiff in error (plaintiff below) against the defendant in error (defendant below) in the Federal District Court for the District of Utah to recover a tax alleged to have been illegally imposed by the state taxing authorities and paid under protest. The plaintiff is a mining corporation organized and existing under the laws of Maine, and since 1909 has owned mining property...

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