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TENNESSEE COAL, IRON & R. CO. v. BOARD OF EDUCATION

No. 7823.

80 F.2d 307 (1935)

TENNESSEE COAL, IRON & R. CO. v. BOARD OF EDUCATION OF JEFFERSON COUNTY.

Circuit Court of Appeals, Fifth Circuit.

November 20, 1935.

Attorney(s) appearing for the Case

Augustus Benners, of Birmingham, Ala., for appellant.

Chas. E. Rice and Peyton D. Bibb, both of Birmingham, Ala., for appellee.

Before FOSTER, HUTCHESON, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the appellee, the county board of education of Jefferson county, Ala., to recover of the appellant the sum of $4,980, with interest thereon, claimed to be due by the appellant as an unpaid balance of the special 3-mill school tax levied on property of the appellant for the tax year beginning October 1, 1928. Appellee's complaint as it was amended contained five counts; three common counts, a count claiming that the amount...

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