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MISSOURI PACIFIC RAILROAD CO. v. DEERING

No. 41,210

184 Kan. 283 (1959)

336 P.2d 482

MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, Appellee, v. RUFUS A. DEERING, As Register of Deeds of Sedgwick County, Kansas, and MARIE WARDEN, As County Treasurer of Sedgwick County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed March 7, 1959.

Attorney(s) appearing for the Case

Robert H. Nelson, of Wichita, argued the cause, and W.A. Kahrs and Patrick F. Kelly, both of Wichita, were with him on the briefs for the appellants.

Ralph M. Hope, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, Charles S. Lindberg and Ronald M. Gott, all of Wichita were with him on the brief for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

This is an appeal from the decision of the district court holding that the Missouri Pacific Railroad Company need not pay the sum of $262,969.96 to the Register of Deeds of Sedgwick County to cover the mortgage registration "fees" due on two mortgages made by the railroad on all of its property. The suit was one filed by the railroad to recover these taxes which...

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