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ILLINOIS CENTRAL R.R. CO. v. KENTUCKY

No. 16.

218 U.S. 551 (1910)

31 S.Ct. 95

54 L.Ed. 1147

ILLINOIS CENTRAL RAILROAD COMPANY v. COMMONWEALTH OF KENTUCKY.

Supreme Court of United States.

Decided December 5, 1910.

Attorney(s) appearing for the Case

Mr. Edmund F. Trabue, with whom Mr. Blewett Lee, Mr. John C. Doolan and Mr. Attilla Cox, Jr., were on the brief, for plaintiff in error.

Mr. T.L. Edelin, with whom Mr. James Breathitt, Attorney General of the State of Kentucky, Mr. Robert B. Franklin and Mr. Clem J. Whittemore were on the brief, for defendant in error.

MR. JUSTICE HUGHES delivered the opinion of the court.

The Commonwealth of Kentucky recovered judgment in this suit against the Illinois Central Railroad Company for the amount of the tax, for the year 1897, upon the franchise formerly belonging to the Chesapeake, Ohio and Southwestern Railroad Company. The recovery was based upon the fact that the Illinois Central Railroad Company was, at the time to which the tax related...

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