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LOUIS-SOUTHWESTERN RAILWAY COMPANY v. COOPER

Nos. 57086, 57087 and 57106.

496 S.W.2d 836 (1973)

ST. LOUIS-SOUTHWESTERN RAILWAY COMPANY, a Corporation, Plaintiff-Appellant, v. Dean COOPER, Ex-Officio Collector of Stoddard County, Missouri, Defendant-Respondent, Reorganized School District No. R-1 et al., Intervenors-Respondents. MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, Plaintiff-Appellant, v. Dean COOPER, Ex-Officio Collector of Stoddard County, Missouri, Defendant-Respondent, Reorganized School District No. R-1 et al., Intervenors-Respondents. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Plaintiff-Appellant, v. Dean COOPER, Ex-Officio Collector of Stoddard County, Missouri, Defendant-Respondent, Reorganized School District No. R-1 et al., Intervenors-Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied July 16, 1973.

Attorney(s) appearing for the Case

Harry C. Blanton, David E. Blanton, Blanton, Blanton, Rice & Sickal, Sikeston, for plaintiffs-appellants Missouri Pacific R. Co., St. Louis Southwestern Ry. Co.

James E. Reeves, Ward & Reeves, Caruthersville, John F. McCartney, St. Louis, for plaintiff-appellant St. Louis-San Francisco Ry. Co.

John McCullough, St. Louis, of counsel.

Powell, Ringer & Baker, Dexter, for intervenors-respondents.

Paul McGhee, Dexter, for defendant-respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied July 16, 1973.

HOLMAN, Presiding Judge.

Action to recover school taxes paid by railroads in Stoddard County. The trial court denied relief. Plaintiffs appealed by notices of appeal filed prior to January 1, 1972. We reverse and remand with directions.

An opinion previously prepared in this case was not adopted and the case was reassigned to the writer. Portions of that opinion are here adopted...

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