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WILLAMETTE VAL. LBR. CO. v. TAX COM.

226 Or. 543 (1961)

359 P.2d 98

360 P.2d 926

WILLAMETTE VALLEY LUMBER CO. v. STATE TAX COMMISSION SANTIAM LUMBER COMPANY v. STATE TAX COMMISSION

Supreme Court of Oregon.

Reversed February 1, 1961.

Objections to cost bill sustained April 5, 1961.

Attorney(s) appearing for the Case

Theodore W. deLooze, Assistant Attorney General, Salem, argued the cause for appellants. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Norman J. Wiener, Portland, argued the cause for respondents. With him on the brief were Jean P. Lowman and King, Miller, Anderson, Nash & Yerke, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED WITH INSTRUCTIONS.

GOODWIN, J.

This is a consolidated appeal by the State Tax Commission from two judgments which allowed writs of prohibition in favor of taxpayers. The proceedings below challenged the jurisdiction of the commission to increase the taxpayers' 1957-58 assessments of personal property after the taxes had been assessed and paid.

The commission appealed from both judgments upon the ground that the trial court erred when it allowed...

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