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KEN REALTY CO. v. JOHNSON

No. 10544.

138 F.2d 809 (1943)

KEN REALTY CO., Inc., v. JOHNSON, Tax Assessor of Jefferson County, Ala.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 19, 1944.

Attorney(s) appearing for the Case

Benj. Leader, Kenneth Perrine, and Wm. Alfred Rose, all of Birmingham, Ala., for appellant.

W. W. Callahan, William N. McQueen, and James F. Matthews, all of Montgomery, Ala., and Harvey Deramus, of Birmingham, Ala., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

This case involves the liability to State taxation of property sold by the United States to a private corporation with possession given and the purchase money partly paid, but with the legal title retained to secure the balance due. An injunction and a declaratory judgment were sought by Ken Realty Company against the State Tax Assessor, to stop the assessment against itself of any tax in respect of the site of the former postoffice in Birmingham...

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