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CENTRAL COAL & COKE CO. v. CARSELOWAY

No. 314.

45 F.2d 744 (1930)

CENTRAL COAL & COKE CO. et al. v. CARSELOWAY, County Assessor et al.

Circuit Court of Appeals, Tenth Circuit.

December 13, 1930.

Attorney(s) appearing for the Case

W. L. Curtis, of Ft. Smith, Ark. (Thos. B. Pryor, of Ft. Smith, Ark., on the brief), for appellants.

Paul O. Simms and Edward H. Brady, both of Vinita, Okl., for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The appellants, plaintiffs below, are residents of Missouri. The appellees are the taxing authorities of Craig county, Okl. The plaintiffs own the coal and coal rights underlying certain lands in Craig county; the county assessed these properties for taxes. Not here complaining of the amount of the assessment, but claiming that these properties are not subject to any tax, the plaintiffs filed their bill to enjoin such assessment. An answer...

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