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DEFENDERS OF THE CHRISTIAN FAITH, INC. v. HORN

No. 38,379

174 Kan. 40 (1953)

254 P.2d 830

DEFENDERS OF THE CHRISTIAN FAITH, INC., and DR. GERALD B. WINROD, DR. WILLIAM T. WATSON, DR. EDWARD FEHR, DR. JOSE HERNANDEZ and DR. J.P. RODRIGUEZ, Trustees, Plaintiffs, v. FRED HORN, DALE A. FISHER, and O.W. SCHWALM, Constituting and Members of the State Commission of Revenue and Taxation, Defendants.

Supreme Court of Kansas.

Opinion filed March 7, 1953.

Attorney(s) appearing for the Case

Robert N. Partridge, of Wichita, argued the cause, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston and Thomas E. Woods, all of Wichita, were with him on the briefs for the plaintiffs.

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

The opinion of the court was delivered by

HARVEY, C.J.:

This is an original proceeding in mandamus for judgment directing the state commission of revenue and taxation and the members thereof to issue an order declaring certain property to be exempt and to remove the same from the tax rolls of the state and of Sedgwick county, and to refund the tax for the year 1948, declared to have been paid. In the petition it was...

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