BOARD OF EDUCATION v. NORFOLK & WESTERN RY. CO.

No. 5949.

88 F.2d 462 (1937)

BOARD OF EDUCATION OF CITY OF CHICAGO et al. v. NORFOLK & WESTERN RY. CO.

Circuit Court of Appeals, Seventh Circuit.

February 10, 1937.


Attorney(s) appearing for the Case

Richard S. Folsom, of Chicago, Ill., for appellants.

William A. Morrow and Walter M. Fowler, both of Chicago, Ill., Thomson, Wood & Hoffman, of New York City, and Gardner, Foote, Morrow & Merrick, of Chicago, Ill., for appellee.

Before EVANS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.


EVANS, Circuit Judge (after stating the facts as above).

The questions presented on this appeal are:

(1) In case the 1929 taxes are insufficient to pay all the warrants in full, do all holders share pro rata?

(2) If (1) be answered in the affirmative, should appellant, Board of Education, personally account to appellee for moneys improperly paid to other warrant holders in excess of their pro rata share?

(3) Was appellee guilty of laches so...

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