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SMITH v. AJAX PIPE LINE CO.

No. 10414.

87 F.2d 567 (1937)

SMITH et al. v. AJAX PIPE LINE CO.

Circuit Court of Appeals, Eighth Circuit.

January 22, 1937.

Attorney(s) appearing for the Case

Nat W. Benton, of Springfield, Mo. (Roy McKittrick, Atty. Gen., of Missouri, and James L. Hornbostel, Asst. Atty. Gen., of Missouri, on the brief), for appellants.

Charles F. Newman, of Springfield, Mo. (L. G. Owen, of Tulsa, Okl., and Ben M. Neale, of Springfield, Mo., on the brief), for appellee.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

This is an appeal by the county collector of revenue and the prosecuting attorney of Greene county, Mo., from a decree enjoining recovery of a property tax assessed against appellee.

The regularity of the procedure by which this tax was assessed is not attacked. The challenge is that this property is not subject to taxation in Missouri (1) because not situated there; (2) because to lay a tax thereon would be a violation of the Commerce...

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