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NORFOLK & WESTERN RY. CO. v. MISSOURI STATE TAX COM'N

No. 51943.

426 S.W.2d 362 (1966)

NORFOLK AND WESTERN RAILWAY COMPANY, a Corporation, and Wabash Railroad Company, a Corporation, Appellants, v. MISSOURI STATE TAX COMMISSION, Hunter Phillips, Howard L. Love, J. Ralph Hutchison, Members of the Missouri State Tax Commission, and J. R. Towson, Secretary of the Missouri State Tax Commission, Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied February 13, 1967.

Motion for Stay of Mandate Filed and Sustained February 21, 1968.

Probable Jurisdiction Noted October 9, 1967.

On Remand May 7, 1968.

Attorney(s) appearing for the Case

Charles L. Bacon, David R. Hardy, Frederick Beihl, Kansas City, John F. McCartney, St. Louis, for appellants. Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, of counsel.

Norman H. Anderson, Atty. Gen., John H. Denman, Asst. Atty. Gen., Jefferson City, for respondents.

Motion for Rehearing or for Transfer to Court En Banc Denied February 13, 1967.

Probable Jurisdiction Noted October 9, 1967. See 88 S.Ct. 84.

HIGGINS, Commissioner.

Proceeding under Section 536.100 et seq., V.A.M.S., for judicial review of a final decision of the State Tax Commission of Missouri. The circuit court affirmed the decision, and the railroad's appeal involves construction of the revenue laws of the state.

Appellants Wabash and Norfolk...

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