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GOLCONDA LEAD MINES v. NEILL

No. 8751.

350 P.2d 221 (1960)

GOLCONDA LEAD MINES, a corporation, and John A. Featherstone and Harry F. Magnuson, Plaintiffs-Respondents, v. P. G. NEILL, in his official capacity as Tax Collector of the State of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied March 28, 1960.

Attorney(s) appearing for the Case

Frank L. Benson, Atty. Gen., Robert E. Bakes, Dwight F. Bickel and Leon R. Weeks, Asst. Attys. Gen., Graydon W. Smith, former Atty. Gen., Elbert E. Gass and Edward J. Aschenbrener, former Asst. Attys. Gen., for appellant.

Langroise & Sullivan, Boise, Chas. E. Horning, Eugene F. McCann, Wallace, for respondent.

McFADDEN, Justice.

Golconda Lead Mines, a corporation, John A. Featherstone and Harry F. Magnuson, individually and as representatives of other stockholders, respondents, instituted this action for declaratory judgment against P. G. Neill, appellant, in his official capacity as Tax Collector of the State of Idaho challenging the constitutionality of Idaho Sess. Laws 1957, ch. 336 § 3, and to restrain and enjoin appellant from collecting additional taxes under...

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