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UNITED STATES v. BOYLE

Civ. 21897.

52 F.Supp. 906 (1943)

UNITED STATES et al. v. BOYLE, County Treasurer, et al.

District Court, N. D. Ohio.

November 12, 1943.

Attorney(s) appearing for the Case

Don C. Miller, U. S. Atty., and Jerome N. Curtis and Frank Steele, Asst. U. S. Attys., all of Cleveland, Ohio, and Thos. L. McKevitt, of Washington, D. C., for the government.

Thomas A. Burke, Jr., Director of Law, and Joseph F. Smith, Asst. Director of Law, both of Cleveland, Ohio, for the City of Cleveland.

Frank T. Cullitan, Pros. Atty., and Ralph W. Edwards, Asst. Pros. Atty., both of Cleveland, Ohio, for John J. Boyle and others.

Before ALLEN, Circuit Judge, and JONES and FREED, District Judges.

ALLEN, Circuit Judge.

The full court agrees that it has jurisdiction of the parties and of the subject matter of the litigation. Query v. United States, 316 U.S. 486, 62 S.Ct. 1122, 86 L.Ed. 1616. But since we do not unanimously agree that the real estate sought to be taxed by the taxing authorities is being devoted to a public use, it seems advisable to give this question a more formal consideration...

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