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BOARD OF COUNTY COMMISSIONERS OF CREEK COUNTY v. FOSTER

No. 7896.

25 F.2d 1017 (1928)

BOARD OF COUNTY COMMISSIONERS OF CREEK COUNTY, OKLAHOMA, Plaintiff in Error, v. W. C. FOSTER, Defendant in Error.

Circuit Court of Appeals, Eighth Circuit.

April 20, 1928.

Attorney(s) appearing for the Case

Grady Lewis, of Sapulpa, Okl. (W. F. Pardoe, of Sapulpa, Okl., on the brief), for plaintiff in error.

Solon W. Smith, of Oklahoma City, Okl. (James S. Twyford, of Oklahoma City, Okl., on the brief), for defendant in error.

Before KENYON, Circuit Judge, and SCOTT and SYMES, District Judges.

SCOTT, District Judge.

This is an action at law by W. C. Foster against the board of county commissioners of Creek county, Oklahoma, to recover moneys alleged to have been paid on account of taxes illegally assessed. A jury was waived, but not by stipulation in writing filed by the clerk. The court referred the matter to a special referee, who found facts and conclusions of law and reported the same. Exceptions were filed to the referee's report, and the cause submitted...

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