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KANSAS CITY SOUTHERN RY. CO. v. CORNISH

No. 779.

65 F.2d 671 (1933)

KANSAS CITY SOUTHERN RY. CO. v. CORNISH et al.

Circuit Court of Appeals, Tenth Circuit.

June 10, 1933.

Attorney(s) appearing for the Case

A. F. Smith, of Kansas City, Mo. (Frank H. Moore, of Kansas City, Mo., R. M. Rainey, of Oklahoma City, Okl., and Jas. B. McDonough, of Fort Smith, Ark., on the brief), for appellant.

C. W. King, Atty., Oklahoma Tax Commission, of Oklahoma City, Okl., and F. M. Dudley, Asst. Atty. Gen. (J. Berry King, Atty. Gen., W. C. Hall, Atty., Oklahoma Tax Commission, of Oklahoma City, Okl., E. G. Carroll, of Stilwell, Okl., J. Fred Green, of Sallisaw, Okl., and A. G. Windham, of Poteau, Okl., on the brief), for appellees.

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

McDERMOTT, Circuit Judge.

Appellant, a citizen of Missouri, brought this suit in equity to enjoin the taxing officials of the State of Oklahoma and of the three counties in which appellant's property is situate, to enjoin the collection of taxes based upon a valuation made by the State Board of Equalization.

The bill alleges that the State Board of Equalization fraudulently, intentionally, and systematically assessed appellant's property at a higher percentage...

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