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A.T. & S.F. HOSP. ASS'N v. ST. COMM. OF REVENUE & TAX.

No. 38,689

173 Kan. 312 (1952)

246 P.2d 299

THE A.T. & S.F. HOSPITAL ASSOCIATION, Plaintiff, v. THE STATE COMMISSION OF REVENNE AND TAXATION and WILLIAM GOUGH, JR., DALE A. FISHER and O.W. SCHWALM, as members of said Commission, Defendants.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

Marlin S. Casey and William M. Mills, Jr., both of Topeka, argued the cause and were on the briefs for the plaintiff.

Wilbur G. Leonard, of Council Grove, and C.C. Rankin, of Lawrence, argued the cause and were on the briefs for the defendants.

The opinion of the court was delivered by

SMITH, J.:

This is an original action in mandamus wherein the plaintiff seeks to have its real and personal property removed from the tax rolls. We issued an alternative writ. The facts were agreed on. The cause was submitted on the merits.

The petition alleged the incorporation of plaintiff as a corporation without capital stock and not for profit; the ownership of certain described real estate and certain...

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