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LUSK v. KANSAS

No. 451.

240 U.S. 236 (1916)

36 S.Ct. 263

60 L.Ed. 621

LUSK ET AL., RECEIVERS OF ST. LOUIS & SAN FRANCISCO RAILROAD COMPANY, v. BOTKIN, SECRETARY OF STATE OF THE STATE OF KANSAS.

Supreme Court of United States.

Decided February 21, 1916.

Attorney(s) appearing for the Case

Mr. R.R. Vermilion and Mr. W.F. Evans for plaintiff in error.

Mr. S.M. Brewster, Attorney General of the State of Kansas, Mr. James P. Coleman, Mr. W.P. Montgomery and Mr. J.L. Hunt for defendants in error.

Mr. Paul E. Walker filed a brief on behalf of the Chicago, Rock Island & Pacific Railway, as amicus curiae by leave of the court.

MR. JUSTICE HUGHES delivered the opinion of the court.

The plaintiffs in error, the receivers of a railroad corporation organized under the laws of the State of Missouri, brought this action to recover the sum of $2,500, alleged to have been paid under protest to the Secretary of State of the State of Kansas as a tax upon foreign corporations imposed by Chapter 135 of the Laws of 1913. A general demurrer to the petition was...

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