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KANSAS GAS & ELECTRIC CO. v. CITY OF INDEPENDENCE, KAN.

No. 1202.

79 F.2d 638 (1935)

KANSAS GAS & ELECTRIC CO. v. CITY OF INDEPENDENCE, KAN., et al.

Circuit Court of Appeals, Tenth Circuit.

November 7, 1935.

Attorney(s) appearing for the Case

Blatchford Downing, of Kansas City, Mo. (McCune, Caldwell & Downing, of Kansas City, Mo., and Thos. E. Wagstaff and Wagstaff & Scovel, all of Independence, Kan., on the brief), for appellant.

Chester Stevens, of Independence, Kan. (Theo. F. Varner, of Topeka, Kan., on the brief), for appellees.

Henry T. Hunt, Sp. Asst. to Atty. Gen., amicus curiæ.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

In the petition for rehearing counsel assert that the construction which our opinion gave to the provision of the Constitution respecting the power to lay and collect taxes, opens the door to wide encroachment by the National government on the reserved powers of the states. Counsel apparently construe the opinion as holding in effect that the phrase in such provision "to * * * provide for the * * * general Welfare of the United States" (Const...

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