Road Improvement Dist. No. 2 v. Missouri Pac. R.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Suit in Equity by the Missouri Pacific Railroad Company against Road Improvement District No. 2 of Conway County and others. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Suit in Equity by the Missouri Pacific Railroad Company against Road Improvement District No. 2 of Conway County and others. Decree for complainant, and defendants appeal. The Missouri Pacific Railroad Company, a corporation, brought this suit in equity in the court below, against road improvement district No. 2 of Conway county, district of Arkansas, its board of commissioners, and the sheriff and county clerk of that county, to avoid, on the ground that it violated' the Fourteenth…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). By its decree in this case the court below found that the special Act of the Legislature of Arkansas No. 308, approved February 23, 1920, whereby the final assessment of benefits to the property of the railroad company made by the defendant Board o £ Commissioners, on account of the construction of the highway was changed from §2,767.50 to $25,-000, was arbitrary, unconstitutional and void, and it enjoined the defendants from collecting any taxes based on that assessment or on any other assessment than the final assessment of $2,767.50 made by the Board.
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2Cases cited17 opinions
- F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Spencer v. MerchantSupreme Court of the United States · 1888
- Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
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3Cited by9 opinions
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- Kansas City Southern Ry. Co. v. MayCourt of Appeals for the Eighth Circuit · 1924
- Road Improvement Dist. No. I v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1924
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