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KENNECOTT COPPER CORP. v. TAX COMM'N.

No. 424.

327 U.S. 573 (1946)

KENNECOTT COPPER CORP. v. STATE TAX COMMISSION ET AL.

Supreme Court of United States.

Decided March 25, 1946.

Attorney(s) appearing for the Case

C.C. Parsons and Charles A. Horsky argued the cause for petitioners. With Mr. Parsons on the brief was H. Thomas Austern.

Arthur H. Nielsen and Zar E. Hayes, Assistant Attorneys General of Utah, argued the cause for respondents. With them on the brief were Grover A. Giles, Attorney General, and Wayne Christoffersen.

MR. JUSTICE REED delivered the opinion of the Court.

Whether Utah has submitted itself to suit in the United States District Court for the District of Utah for the recovery of taxes alleged to be wrongfully exacted by that State is the ultimate issue brought here by these writs of certiorari. Preliminarily, we must decide if the present proceeding is a suit against Utah.

Petitioners, corporations and citizens of New York and Nevada respectively, carry on mining...

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