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HENRIETTA MILLS CO. v. RUTHERFORD COUNTY

26 F.2d 799 (1928)

HENRIETTA MILLS CO. v. RUTHERFORD COUNTY et al.

District Court, W. D. North Carolina.

June 13, 1928.

Attorney(s) appearing for the Case

Willis Smith and W. T. Joyner, both of Raleigh, N. C., for complainant.

Clyde R. Hoey and Quinn, Hamrick & Harris, all of Shelby, N. C., for defendants.

Walter D. Siler, Asst. Atty. Gen. of North Carolina, amicus curiæ.

Before PARKER, Circuit Judge, and WEBB and HAYES, District Judges.

PARKER, Circuit Judge.

This suit was instituted by the Henrietta Mills Company, a North Carolina corporation, against Rutherford county, North Carolina, and W. C. Hardin, the sheriff of that county, to enjoin the collection of county taxes levied upon what was alleged to be an excessive and unfair valuation of its property, made in violation of its rights under the Fourteenth Amendment to the Constitution. Complainant asked that a court of three judges be convened...

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