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BIVINS v. BOARD OF COM'RS OF WABAUNSEE COUNTY, KAN.

No. 804.

66 F.2d 351 (1933)

BIVINS et al. v. BOARD OF COM'RS OF WABAUNSEE COUNTY, KAN.

Circuit Court of Appeals, Tenth Circuit.

July 24, 1933.

Attorney(s) appearing for the Case

Earl H. Hatcher, of Topeka, Kan. (James E. Smith and Schuyler W. Jackson, both of Topeka, Kan., R. E. Underwood, R. C. Johnson, J. B. Dooley, and E. A. Simpson, all of Amarillo, Tex., and James R. Tolbert, of Hobart, Okl., on the brief), for appellants.

A. E. Carroll, of Alma, Kan. (E. W. Stuewe, of Alma, Kan., on the brief), for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

LEWIS, Circuit Judge.

Appellants, residents and citizens of Texas, complain that the District Court dismissed on demurrer their action to recover $3,711.42 paid as taxes assessed and levied on 3,941 head of their cattle while being pastured in Wabaunsee county, Kansas, during the spring and summer of 1929. Additional facts pleaded are: About May 1st, 1929, appellants shipped the cattle from Texas to Wabaunsee county. The contract of carriage was from a point in Texas...

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