FELTEN TRUCK LINE v. STATE BOARD OF TAX APPEALS

No. 40,605

183 Kan. 287 (1958)

327 P.2d 836

FELTEN TRUCK LINE, INC., a Corporation, and SHIP-BY-TRUCK COMPANY, INC., d/b/a GRAHAM SHIP-BY-TRUCK COMPANY, a Corporation, on their own behalf and on behalf of 1,941 Taxpayers Similarly Situated, Plaintiffs, v. THE STATE BOARD OF TAX APPEALS and SAM BROOKOVER, MAURICE A. WILDGEN and PERRY OWSLEY, as Members of said Board, and JEAN EVANS, as Attorney for said Board, and ELDON SLOAN, as Director of the Property Valuation Department of the State of Kansas; RICHARD T. FADELY, as Treasurer of the State of Kansas; ADEL F. THROCKMORTON, as Superintendent of Public Instruction of the State of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed July 1, 1958.


Attorney(s) appearing for the Case

Howard M. Immel, of Iola, and Donald S. Hults, of Lawrence, argued the cause, and John Jandera, of Topeka, was with them on brief for the plaintiffs.

Payne H. Ratner and D. Clifford Allison, of Wichita, argued the cause, and Louise Mattox, Payne II. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Bernard V. Borst, Gerald D. Lasswell and Edmund R. Learned, all of Wichita, were with them on the brief for defendants state board of tax appeals and director of the property valuation department of the state of Kansas; Peter S. Caldwell was with them on the brief for defendant property valuation department of the state of Kansas; Jean Evans was with them on the brief for defendant state board of tax appeals; John Anderson, Jr., attorney general, was with them on the brief for defendant treasurer of the state of Kansas and defendant superintendent of public instruction.


The opinion of the court was delivered by

WERTZ, J.:

This is an original proceeding in mandamus brought by the Felten Truck Line, Inc., a corporation, and Ship-By-Truck Company, Inc., d/b/a Graham Ship-By-Truck Company, a corporation, on their own behalf and on behalf of 1,941 taxpayers similarly situated. The defendants are the state commission of revenue and taxation, the individual members thereof and the attorney...

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