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YALE HIGHWAY DIST. v. OREGON SHORT LINE R. CO.

No. 4617.

8 F.2d 676 (1925)

YALE HIGHWAY DIST. et al. v. OREGON SHORT LINE R. CO.

Circuit Court of Appeals, Ninth Circuit.

November 9, 1925.

Attorney(s) appearing for the Case

W. G. Bissell and Branch Bird, both of Gooding, Idaho, for appellants.

George H. Smith, of Salt Lake City, Utah, and H. B. Thompson and J. H. McEvers, both of Pocatello, Idaho, for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

The Yale Highway District, organized under the highway laws of the state of Idaho, is 15 miles long and from 1½ to 6 miles wide, taking in about 15 miles of the right of way of the appellee railroad company. In November, 1923, at an election held in the district, a bond issue of $75,000 was voted to construct and maintain highways. In order to pay interest on the bonds and to create a sinking fund, an annual ad valorem tax on all taxable...

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