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NELSON v. FIRST NAT. BANK OF SIOUX CITY, IOWA

Nos. 8731, 8732.

42 F.2d 30 (1930)

NELSON, County Treasurer, v. FIRST NAT. BANK OF SIOUX CITY, IOWA. SAME v. SECURITY NAT. BANK OF SIOUX CITY, IOWA.

Circuit Court of Appeals, Eighth Circuit.

June 26, 1930.

Attorney(s) appearing for the Case

A. R. Strong, of Sioux City, Iowa, for appellant.

Charles M. Stilwill, of Sioux City, Iowa (Deloss P. Shull, of Sioux City, Iowa, on the brief), for appellee First Nat. Bank.

Carlton M. Corbett, of Sioux City, Iowa (Edward M. Corbett, of Sioux City, Iowa, on the brief), for appellee Security Nat. Bank.

Before STONE and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

STONE, Circuit Judge.

These are actions by two national banks to restrain collection of asserted illegal taxes on their capital stock. The alleged illegality is that competitive moneyed capital of others is taxed, intentionally and consistently, at a lower rate. While no formal order of consolidation appears in the record, the cases were heard as consolidated and brought here on one bill of exceptions. From decrees of injunction, these appeals are brought.

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