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HAWAII CONSOL. RY. v. BORTHWICK

No. 8852.

105 F.2d 286 (1939)

HAWAII CONSOL. RY., Limited, v. BORTHWICK, Tax Com'r.

Circuit Court of Appeals, Ninth Circuit.

June 23, 1939.

Attorney(s) appearing for the Case

Anderson, Marx, Wrenn & Jenks, Heaton L. Wrenn, Stanley, Vitousek, Pratt & Winn, Montgomery E. Winn, Robertson, Castle & Anthony, A. L. Castle and Norman W. Applegarth, all of Honolulu, T. H., for appellant.

J. V. Hodgson, Atty. Gen., and Jon Wiig, Deputy Atty. Gen., Territory of Hawaii, for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The case is here on appeal from the Supreme Court of Hawaii. It involves the tax liability of appellant Hawaii Consolidated Railway upon its gross income from its public utility business for the calendar year 1933, under Act 43, 2d Sp.S.L.1932, as amended by Act 183, L.1933. The amended act is shown on the margin.1

The appellant in January, 1934, filed with the tax...

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