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  5. 26 F.Supp. 811 (1939)
 

PHIPPS v. SCHOOL DIST. OF PITTSBURGH

No. 160.

26 F.Supp. 811 (1939)

PHIPPS et al. v. SCHOOL DIST. OF PITTSBURGH et al.

District Court, W. D. Pennsylvania.

February 21, 1939.

Attorney(s) appearing for the Case

Stewart & Lewis, of Pittsburgh, Pa. (W. Denning Stewart, Mahlon E. Lewis, and Harold R. Schmidt, all of Pittsburgh, Pa., of counsel), for plaintiffs.

N. R. Criss, of Pittsburgh, Pa., for defendant School District.

Smith, Buchanan & Ingersoll, of Pittsburgh, Pa. (John G. Buchanan, and David B. Buerger, both of Pittsburgh, Pa., of counsel), for other defendants.

SCHOONMAKER, District Judge.

In this action the plaintiffs are seeking to restrain the defendants from levying and collecting a school tax in the City of Pittsburgh for the years 1937 and 1938 in excess of 8½ mills, and also to enjoin and restrain the levying and collection of a school tax in the City of Pittsburgh for the year 1939 of 12¼ mills.

The jurisdiction of this court is alleged to arise by reason of diversity of citizenship, the amount...

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