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CROMWELL v. HILLSBOROUGH TP.

No. 8780.

149 F.2d 617 (1945)

CROMWELL v. HILLSBOROUGH TP., SOMERSET COUNTY, N. J., et al.

Circuit Court of Appeals, Third Circuit.

Decided May 9, 1945.

Attorney(s) appearing for the Case

Harry E. Walburg, of Newark, N. J. (Kessler & Kessler and Cox & Walburg, all of Newark, N. J., Clarkson A. Cranmer, of Somerville, N. J., and Edward R. McGlynn and Samuel I. Kessler, both of Newark, N. J., on the brief), for appellants.

Shelton Pitney, of Newark, N. J. (Pitney, Hardin & Ward, of Newark, N. J., on the brief), for appellee.

Before PARKER and GOODRICH, Circuit Judges, and KIRKPATRICK, District Judge.

GOODRICH, Circuit Judge.

The plaintiff in this case brought an action for declaratory judgment under the statute (28 U.S.C.A. § 400) seeking a declaration that four personal property tax assessments levied by the Somerset County Board of Taxation against the plaintiff individually and as trustee for the Duke Endowment are null and void. The litigation terminated in the District Court with the entry of a summary judgment in the plaintiff's favor and the defendants...

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