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SALT LAKE COUNTY v. UTAH COPPER CO.

No. 1554.

93 F.2d 127 (1937)

SALT LAKE COUNTY v. UTAH COPPER CO.

Circuit Court of Appeals, Tenth Circuit.

November 22, 1937.

Attorney(s) appearing for the Case

Mahlon E. Wilson, of Salt Lake City, Utah (Henry D. Moyle, Robert C. Wilson, Harold E. Wallace, Co. Atty., and Brigham E. Roberts, Deputy Co. Atty., all of Salt Lake City, Utah, on the brief), for appellant.

C. C. Parsons, of Salt Lake City, Utah (A. C. Ellis, Jr., and Wm. McCrea, both of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS and WILLIAMS, Circuit Judges, and SYMES, District Judge.

PHILLIPS, Circuit Judge.

The Utah Copper Company brought this action against Salt Lake County, Utah, to recover the sum of $251,509.90, being the amount of tax for the year 1935 paid by the Copper Company under protest upon its metalliferous mines situated in Salt Lake County. From a judgment in favor of the Copper Company for $85,828.21 the county has appealed.

The cause came on for trial before a court and jury. At the conclusion of the evidence both sides...

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