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APARTMENTS BLDG. CO. v. SMILEY

No. 8285.

32 F.2d 142 (1929)

APARTMENTS BLDG. CO. v. SMILEY, County Treasurer, et al.

Circuit Court of Appeals, Eighth Circuit.

April 4, 1929.

Attorney(s) appearing for the Case

James Harrington, of Tulsa, Okl. (John Rogers, of Tulsa, Okl., on the brief), for appellant.

Hugh Webster, of Tulsa, Okl. (Byron Kirkpatrick, of Tulsa, Okl., on the brief), for appellees.

Before KENYON, Circuit Judge, and FARIS and SANBORN, District Judges.

FARIS, District Judge.

Plaintiff, herein appellant, a Missouri corporation, sued defendants, as county treasurer, county assessor, and (by their title as a board and not by their individual names) the board of county commissioners of Tulsa county, Okl., respectively, in two counts. By the first count, plaintiff sought to recover back the installment of taxes paid by it, as and for one-half of the taxes for 1927, which had been paid under protest, to the county treasurer...

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