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MORTON SALT CO. v. CITY OF SOUTH HUTCHINSON

No. 3731.

177 F.2d 889 (1949)

MORTON SALT CO. v. CITY OF SOUTH HUTCHINSON et al.

United States Court of Appeals Tenth Circuit.

November 21, 1949.

Attorney(s) appearing for the Case

Harvey Wienke, Chicago, Ill. (Roy C. Davis, Hutchinson Kan., was with him on the brief) for appellant.

J. Richards Hunter, Hutchinson, Kan. (Walter F. Jones and Harry H. Dunn, Hutchinson, Kan., were with him on the brief) for appellees.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

When this case was here in 10 Cir., 159 F.2d 897, we held the allegations in the complaint to the effect that the complainant, Morton Salt Company, would be required to pay 46 per cent of the tax burden of a city waterworks system, from which it could receive no benefit, posed a serious constitutional question which the court should resolve only after a full hearing on the merits. We accordingly directed the...

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