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BELLINGHAM BAY &C. CO. v. NEW WHATCOM

No. 96.

172 U.S. 314 (1899)

BELLINGHAM BAY & BRITISH COLUMBIA RAILROAD COMPANY v. NEW WHATCOM.

Supreme Court of United States.

Decided January 8, 1899.

Attorney(s) appearing for the Case

Mr. L.T. Michener for plaintiff in error. Mr. W.W. Dudley and Mr. John B. Allen were on his brief.

No appearance for defendant in error.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

By its answer the defendant raised a Federal question, inasmuch as it alleged that the notice of the reassessment was insufficient, and specifically that by reason thereof its property was sought to be taken without due process of law and in conflict with the terms of the Fourteenth Amendment to the Constitution. This court, therefore, has jurisdiction of the case.

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