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STRAIGHT CREEK DRAINAGE DIST. NO. 2 v. CHICAGO, R. I. & P. RY. CO.

No. 55.

36 F.2d 650 (1929)

STRAIGHT CREEK DRAINAGE DIST. NO. 2 OF JACKSON COUNTY, KAN., v. CHICAGO, R. I. & P. RY. CO.

Circuit Court of Appeals, Tenth Circuit.

December 9, 1929.

Attorney(s) appearing for the Case

A. E. Crane, of Topeka, Kan. (B. F. Messick, Jr., and Mr. A. Harry Crane, both of Topeka, Kan., on the brief), for appellant.

Luther Burns, of Topeka, Kan. (J. E. Du Mars, of Topeka, Kan., on the brief), for appellee.

Before LEWIS, COTTERAL and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from a decree in favor of The Chicago, Rock Island & Pacific Railway Company, hereinafter called the railway company, enjoining The Straight Creek Drainage District No. 2 of Jackson County, Kansas, hereinafter called the drainage district, from levying and certifying any tax against the lands and property of the railway company within the drainage district, predicated upon an assessment of benefits made by the Benefits...

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