SOUTHERN PACIFIC COMPANY v. DEWITT

No. CIV. 6669 Phx.

288 F.Supp. 570 (1968)

SOUTHERN PACIFIC COMPANY, a corporation; the Atchison, Topeka and Santa Fe Railway Company, a corporation; Pacific Fruit Express Company, a corporation, Plaintiffs, v. L. Waldo DEWITT, John M. Hazelett and Robert A. Kennedy, Individually and as members of and constituting the State Tax Commission of the State of Arizona, et al., Defendants.

United States District Court D. Arizona.

July 2, 1968.


Attorney(s) appearing for the Case

Robert L. Pierce, San Francisco, Cal., Joseph S. Jenckes, Jr., of Evans, Kitchel & Jenckes, Phoenix, Ariz., for Southern Pacific Co. and Pacific Fruit Express Co.

C. George Niebank, Chicago, Ill., Philip E. von Ammon of Fennemore, Craig, von Ammon, McClennen & Udall, Phoenix, Ariz., for Atchison, Topeka and Santa Fe Railway Co.

Darrell F. Smith, Atty. Gen., James D. Winter and Stanley Z. Goodfarb, Phoenix, Ariz., Robert K. Corbin, County Atty., Maricopa County, Ariz., by Jane Greer and Olgerd W. Kalyna, special counsel, for defendants.

Before JERTBERG, Circuit Judge, and MUECKE and COPPLE, District Judges.


OPINION

MUECKE, District Judge.

STATEMENT OF THE ACTION

This action was brought by Southern Pacific Company; The Atchison, Topeka and Santa Fe Railway Company; and Pacific Fruit Express Company against the members of the Arizona State Tax Commission, the boards of supervisors, the assessors, and the treasurers of various counties,1 individually and in their official capacities. The state treasurer was not named as a...

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