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FIDELITY NAT. BANK & TRUST CO. v. SWOPE

No. 6136.

2 F.2d 676 (1924)

FIDELITY NAT. BANK & TRUST CO. OF KANSAS CITY et al. v. SWOPE et al.

Circuit Court of Appeals, Eighth Circuit.

November 17, 1924.

Attorney(s) appearing for the Case

Justin D. Bowersock and R. E. Ball, both of Kansas City, Mo. (Samuel J. McCulloch, Frank P. Barker, G. V. Head, Bowersock & Fizzel, and Miller, Camack, Winger & Reeder, all of Kansas City, Mo., on the brief), for appellants.

Elliott H. Jones, of Kansas City, Mo. (William C. Scarritt, H. M. Langworthy, A. S. Marley, Edward L. Scarritt, and O. H. Dean, all of Kansas City, Mo., on the brief), for appellees.

Before STONE, Circuit Judge, and TRIEBER and JOHNSON, District Judges.

JOHNSON, District Judge.

Appellees, hereinafter called plaintiffs, residents and citizens of the state of Tennessee, brought suit in the court below to have declared null and void certain tax bills issued by Kansas City assessing plaintiffs' lands their alleged pro rata share of the cost of grading Meyer Boulevard in said city. The trial court granted the relief prayed for, canceled the tax bills, and adjudged plaintiffs' lands free of any and all liens of or on account...

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