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WASHINGTON TOWNSHIP v. HART

No. 37,807

168 Kan. 650 (1950)

215 P.2d 180

WASHINGTON TOWNSHIP OF NEMAHA COUNTY, KANSAS, a Municipal Corporation, Appellant, v. GENE HART, as Treasurer of Nemaha County, Kansas; THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a Corporation; and FRED HORN, DALE A. FISHER, and C.I. MOYER, as Members of the State Commission of Revenue and Taxation of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Harry A. Lanning, of Seneca, argued the cause, and William M. Drumm, also of Seneca, was with him on the briefs for the appellant.

Mark L. Bennett, of Topeka, argued the cause for appellee The Chicago, Rock Island and Pacific Railroad Company; Mason Mahin, of Smith Center, was on the briefs for appellee The State Commission of Revenue and Taxation; and John D. Cunningham, of Seneca, and Clayton M. Davis, of Topeka, were with Mr. Bennett on the briefs for appellee The Chicago, Rock Island and Pacific Railroad Company.

The opinion of the court was delivered by

ARN, J.:

This is an appeal by Washington township of Nemaha county from an order sustaining a demurrer to the petition and from an order sustaining a motion to quash the alternative writ of mandamus in a mandamus proceeding instituted by the township to require the county treasurer to distribute and pay to the township certain taxes which the Chicago, Rock Island and Pacific Railroad Company had paid under protest...

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