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CHICAGO, BURLINGTON & Q. R. CO. v. COUNTY OF BOX BUTTE

No. 34353.

90 N.W.2d 72 (1958)

166 Neb. 603

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Appellee, v. The COUNTY OF BOX BUTTE, Nebraska, Appellant.

Supreme Court of Nebraska.

May 9, 1958.

Attorney(s) appearing for the Case

Clark G. Nichols, Alliance, for appellant.

J. W. Weingarten, W. P. Loomis, Omaha, Stubbs & Metz, Alliance, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CARTER, Justice.

This is an action to recover the excessive and void portion of a tax paid to the county, it being alleged that the tax assessed and collected is in excess of the amount authorized by section 77-1104, R.S.Supp., 1955. The defendant asserts that the tax levied is not in excess of the amount authorized, and that, in any event, Laws 1953, chapter 290, page 985, codified as sections 77-1104 and 77-1105, R.S.Supp...

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