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BALTIMORE & O. R. CO. v. BOARD OF PUBLIC WORKS

17 F.Supp. 170 (1936)

BALTIMORE & O. R. CO. v. BOARD OF PUBLIC WORKS OF WEST VIRGINIA et al.

District Court, N. D. West Virginia.

December 2, 1936.

Attorney(s) appearing for the Case

John J. Cornwell, of Baltimore, Md., and J. O. Henson, of Martinsburg, W. Va. (John J. Cornwell, of Baltimore, Md., and J. O. Henson and Stephen Ailes, both of Martinsburg, W. Va., on the brief), for complainant.

Homer A. Holt, Atty. Gen., of West Virginia, and J. F. Bouchelle, Asst. Atty. Gen., of West Virginia, for defendants.

Before PARKER and SOPER, Circuit Judges, and BAKER, District Judge.

PARKER, Circuit Judge.

This is a suit by the Baltimore & Ohio Railroad Company against the Board of Public Works of West Virginia, the Secretary of State, Auditor, Treasurer, Tax Commissioner and Attorney General of that state and the sheriffs of the various counties in which the railroad company has property. The purpose of the suit is to enjoin the assessment or collection of taxes on a valuation of plaintiff's property alleged to be excessive and discriminatory...

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