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NATURAL GAS PIPELINE CO. OF AMERICA v. SERGEANT

No. W-4579.

337 F.Supp. 88 (1972)

NATURAL GAS PIPELINE COMPANY OF AMERICA et al., Plaintiffs, v. Ruth SERGEANT, County Treasurer of Anderson County, Kansas, et al., Defendants.

United States District Court, D. Kansas.

January 11, 1972.

Attorney(s) appearing for the Case

William S. Richardson, Mark H. Adams, II, John S. Seeber, and Floyd Jensen, of Adams, Jones, Robinson & Malone, Wichita, Kan., for all plaintiffs.

F. Vinson Roach and Frank J. Duffy, Omaha, Neb., for Northern Natural Gas Co.

Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons, Chicago, Ill., for Natural Gas Pipeline Co. of America.

C. A. Conoley, Kansas City, Mo., for Panhandle Eastern Pipeline Co.

Vern Miller, Atty. Gen., Matthew J. Dowd, Edward G. Collister, Jr., John R. Martin, Leonard D. Munker, Asst. Attys. Gen., State of Kansas, Topeka, Kan., for all defendants.

Clarence Malone, Chief Atty., John L. Bingham, Atty., Property Valuation Dept., State of Kansas, Topeka, Kan., for Ronald F. Dwyer, Director of Property Valuation.

V. R. Moen, Ottawa County Atty., Minneapolis, Kan., for County Treasurer, Ottawa County.

R. A. Munroe, County Counselor, Augusta, Kan., for Pauline Higgins, Treas., Butler Co.

Before HILL, Circuit Judge, and BROWN and THEIS, District Judges.

HILL, Circuit Judge.

OPINION OF THE COURT

This is an action filed by the plaintiffs, Natural Gas Pipeline Company of America, Northern Natural Gas Company and Panhandle Eastern Pipeline Company, against the county treasurers of 51 counties of the State of Kansas and various state officials having taxing responsibilities. By the complaint, the plaintiffs sought to temporarily restrain and permanently enjoin the enforcement, operation or execution of a state...

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