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SALT LAKE COUNTY v. KENNECOTT COPPER CORPORATION

Nos. 3230-3234.

163 F.2d 484 (1947)

SALT LAKE COUNTY v. KENNECOTT COPPER CORPORATION. SUMMIT COUNTY et al. v. SILVER KING COALITION MINES CO. SAME v. PARK UTAH CONSOL MINES CO. WASATCH COUNTY et al. v. SAME v. NEW PARK MINING CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 6, 1947.

Attorney(s) appearing for the Case

Harry D. Pugsley, Spe. Asst. Atty. Gen. of Utah (Grover A. Giles, Atty. Gen. of Utah, Zar E. Hayes, Asst. Atty. Gen., Harold E. Wallace and J. P. Neeley, Asst. Salt Lake Co. Attys., both of Salt Lake City, Utah, P. H. Neeley, Summit Co. Atty., of Coalville, Utah, and L. C. Montgomery, Wasatch Co. Atty., of Heber, Utah, on the brief), for appellants.

J. M. Christensen and C. C. Parsons, both of Salt Lake City, Utah (Wm. M. McCrea and A. D. Moffat, both of Salt Lake City, Utah, on the brief for Kennecott Copper Corporation; R. J. Hogan, of Salt Lake City, Utah, on the brief for Silver King Coalition Mines Company; James Ingebretsen, William W. Ray, and Athol Rawlins, all of Salt Lake City, Utah, on the brief for Park Utah Consolidated Mines Co.; and H. G. Metos, of Salt Lake City, Utah, on the brief for New Park Mining Co.), for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

The questions presented in these cases relate to the validity of certain taxes imposed by the State of Utah against the properties of four mining companies in that state.

Section 2, Article XIII, of the Constitution of Utah provides that all tangible property in the state, not exempt under the laws of the United States, or under the constitution of the state, shall be taxed in proportion to its value, to be ascertained as provided by...

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