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TOWN OF BALL v. RAPIDES PARISH POLICE JURY

No. 77-1709.

597 F.2d 43 (1979)

TOWN OF BALL et al., Plaintiffs-Appellants, v. RAPIDES PARISH POLICE JURY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 13, 1979.

Attorney(s) appearing for the Case

William P. Crews, Jr., R. Raymond Arthur, Natchitoches, La., for plaintiffs-appellants.

Edwin O. Ware, Dist. Atty., Gus Voltz, Jr., Asst. Dist. Atty., Alexandria, La., for Rapides Parish Police Jury & School Bd., and Town of Cheneyville.

William P. Polk, Alexandria, La., for Town of Forest Hill, Village of Woodworth and Village of McNary.

James C. Downs, Alexandria, La., for Town of Boyce.

Edward E. Rundell, Alexandria, La., for Town of Lecompte.

Jerry R. Osborne, New Orleans, La., for City of Pineville.

Howard B. Gist, Jr., Alexandria, La., for City of Alexandria.

Before THORNBERRY, CLARK, and RONEY, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The question on this appeal is whether the Tax Injunction Act of 1937, 28 U.S.C. § 1341, bars an action by a municipal corporation to enjoin the collection of a state tax when the municipality was not incorporated until after the enactment of the tax and until after the expiration of the state limitation period for bringing challenges to the tax. We hold that the municipality does not have a plain, speedy and efficient state remedy...

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