Howe

United Verde Extension Mining Co. v. Howe

Good Law
8 F.2d 209·1925 U.S. App. LEXIS 3252
United States Court of Appeals for the Ninth CircuitNovember 2, 1925No. 4611California1,455 words

Opinion

Lead Opinion

Eudkin, J.

The plaintiff below is the owner of and operates a producing mine, consisting of numerous patented and unpatented mining claims, in Yavapai county, Ariz. The present suit was instituted by the mining company to restrain the collection of taxes levied against this mining property by the taxing officers of Arizona for the year 1922, and to restrain such officers from assessing the mining property for 1923 and ensuing years in the manner and by the methods of valuation employed in 1922 and prior years. The complaint averred that the actual cash value of the mines in 1922 did not exceed the sum of $20,000,000, whereas the valuation fixed by the taxing officers of the state was upwards of $7,000,000 in excess of that sum. After the filing of the complaint a temporary injunction was granted, restraining the collection of a portion of the taxes until the further order of the court, upon payment of taxes for the year in controversy, computed on a valuation of $20,000,-000. Later the parties to the suit represented to the court that they had entered into an agreement which, if carried out, would result in a settlement of the controversy between them, and the case was stricken from the…

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