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NORFOLK & W. RY. CO. v. BOARD OF PUBLIC WORKS

3 F.Supp. 791 (1933)

NORFOLK & W. RY. CO. v. BOARD OF PUBLIC WORKS OF WEST VIRGINIA.

District Court, S. D. West Virginia, at Charleston.

June 16, 1933.

Attorney(s) appearing for the Case

Robert E. McCabe, of Charleston, W. Va., and Joseph M. Crockett, of Welch, W. Va. (Theodore W. Reath, of Philadelphia, Pa., on the brief), for plaintiff.

Homer A. Holt, Atty. Gen., and Philip Simms and John T. Simms, both of Charleston, W. Va. (Simms & Simms, of Charleston, W. Va., on the brief), for defendants.

Before PARKER and NORTHCOTT, Circuit Judges, and McCLINTIC, District Judge.

NORTHCOTT, Circuit Judge.

This is a suit in equity brought in the District Court of the United States for the Southern District of West Virginia, at Charleston, seeking to enjoin the defendants and each of them from collecting or attempting to collect from plaintiff certain unpaid balances of taxes assessed against the plaintiff for the year 1932 and seeking to set aside an order of the circuit court of McDowell county of...

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