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FLEMING v. OKLAHOMA TAX COMMISSION

No. 3264.

157 F.2d 888 (1946)

FLEMING et al. v. OKLAHOMA TAX COMMISSION.

Circuit Court of Appeals, Tenth Circuit.

October 30, 1946.

Attorney(s) appearing for the Case

Eaton Adams, of Chicago, Ill. (W. V. Hodges, of New York City, J. L. Goree, of Chicago, Ill., W. R. Bleakmore, of Oklahoma City, and W. F. Peter, of Chicago, Ill., on the brief), for appellants.

C. W. King, of Oklahoma City, Okl. (E. L. Mitchell and E. J. Armstrong, both of Oklahoma City, on the brief), for appellee.

Before PHILLIPS, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action brought by Joseph P. Fleming and Aaron Colnon, trustees of the Chicago, Rock Island and Pacific Railway Company, a corporation,1 against the Oklahoma Tax Commission,2 to recover additional state income taxes which had been paid under protest for the years 1941 and 1942. The action was instituted in the United States District Court for the Western District of Oklahoma...

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