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CHICAGO & N. W. RY. CO. v. EVELAND

No. 7046.

13 F.2d 442 (1926)

CHICAGO & N. W. RY. CO. v. EVELAND et al., Tax Commission of South Dakota.

Circuit Court of Appeals, Eighth Circuit.

May 28, 1926.

Attorney(s) appearing for the Case

A. K. Gardner, of Huron, S. D., and Samuel H. Cady, of Chicago, Ill., for appellant.

Byron S. Payne, of Pierre, S. D. (Buell F. Jones, Atty. Gen., of South Dakota, on the brief), for appellees.

Before SANBORN, Circuit Judge, and MUNGER and JOHNSON, District Judges.

SANBORN, Circuit Judge.

The property of a railway company in the state of South Dakota, used and usable in the operation of its lines in that state, is required by its statutes to be assessed for taxation by its state tax commission as of the preceding May 1st on July 7th in each year. The railway company is required to furnish to the tax commission a statement of the amount and value of its property in that state of the character described as of the preceding December...

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