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UNITED STATES v. COUNTY OF HUMBOLDT, CALIFORNIA

No. C-77-1749-CBR.

445 F.Supp. 852 (1978)

UNITED STATES of America, Plaintiff, v. COUNTY OF HUMBOLDT, CALIFORNIA, Raymond J. Flynn, Humboldt County, California, Tax Assessor, and Stephen A. Strawn, Humboldt County, California, Treasurer and Tax Collector, Defendants.

United States District Court, N. D. California.

February 9, 1978.

Attorney(s) appearing for the Case

G. William Hunter, U. S. Atty., John M. Youngquist, Asst. U. S. Atty., San Francisco, Cal., M. Carr Ferguson, John J. McCarthy, Jr., William L. Shraberg, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff.

Raymond W. Schneider, County Counsel, John L. Cook, Deputy County Counsel, Eureka, Cal., for defendants.

MEMORANDUM OF OPINION

RENFREW, District Judge.

This is an action instituted by the United States seeking a declaratory judgment that the County of Humboldt, California (the "County"), and officials thereof are barred from imposing a tax on active-duty military personnel by virtue of such personnel's occupancy of Government-owned military housing, situated in the County, to which such personnel are assigned, and injunctive relief enjoining the defendants...

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