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ANGLE v. BOARD OF COUNTY COMMISSIONERS

No. 47,262

214 Kan. 708 (1974)

522 P.2d 347

GEORGE A. ANGLE, d/b/a FRONTIER OIL COMPANY, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF RUSH COUNTY, KANSAS, Consisting of JOHN B. KOBER, RAYMOND REICHEL and REUBEN ROMEISER; RUTH ANNE KRUG, County Treasurer of Rush County, Kansas, and EVELYN BUSSART, County Clerk of Rush County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

John C. Woelk, of Woelk and Culley, of Russell, argued the cause, and Ivan Krug, county attorney, was with him on the brief for the appellants.

Gerald Sawatzky, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and John J. Stang, of La Crosse, was with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

In the court below these were four consolidated actions brought by a taxpayer under K.S.A. 79-2005 to recover taxes paid under protest, covering first and second half taxes for the years 1970 and 1971, on seven oil and gas leases in Rush county. The controversy was over the value of the underlying reservoirs; no issue was raised as to the value of the equipment. The trial court granted judgment for the taxpayer...

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