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STOCKYARDS NAT. BANK v. BAUMAN

No. 6829.

5 F.2d 905 (1925)

STOCKYARDS NAT. BANK OF SOUTH OMAHA v. BAUMAN, County Treasurer, et al.

Circuit Court of Appeals, Eighth Circuit.

April 27, 1925.

Attorney(s) appearing for the Case

Edgar M. Morsman, Jr., of Omaha, Neb., for appellant.

George W. Ayres, of Lincoln, Neb. (O. S. Spillman, of Pierce, Neb., Hugh La Master, of Tecumseh, Neb., and W. W. Slabaugh, of Omaha, Neb., on the brief), for appellees.

Before STONE and LEWIS, Circuit Judges, and SCOTT, District Judge.

STONE, Circuit Judge.

This is a bill by a national bank against certain taxing officials of the state of Nebraska. The basis of the bill is that the officials are exercising and claiming the right to tax the capital stock of the bank at the full mill rate levied upon real estate instead of 25 per cent. of that rate. The controversy presents but one question and that is one of law, to wit, whether section 5887, Compiled Statutes of Nebraska 1922 (section 4 of article...

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