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CITY OF DALLAS v. HIGGINBOTHAM-BAILEY-LOGAN CO.

No. 5589.

37 F.2d 513 (1930)

CITY OF DALLAS v. HIGGINBOTHAM-BAILEY-LOGAN CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1930.

Attorney(s) appearing for the Case

Jas. J. Collins, City Atty., and H. P. Kucera, Asst. City Atty., both of Dallas, Tex. (A. A. Long and W. Hughes Knight, both of Dallas, Tex., on the brief), for appellant.

Cloyd H. Read and Rhodes S. Baker, both of Dallas, Tex. (Read, Lowrance & Bates and Thompson, Knight, Baker & Harris, all of Dallas, Tex., on the brief), for appellee.

Before WALKER and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

The plaintiff below brought this suit to enjoin the city of Dallas, Tex., from enforcing against it an alleged tax liability and lien for personal taxes claimed by said city. It alleged that it had already paid the taxes due by it upon its property, of the value of $543,200, at the rate of $2.45 per hundred, or a total of $13,308.40, but that the assessor and collector of taxes for said city had attempted to add to its return, without notice...

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