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MADERA WATER WORKS v. MADERA

No. 229.

228 U.S. 454 (1913)

MADERA WATER WORKS v. MADERA.

Supreme Court of United States.

Decided April 28, 1913.

Attorney(s) appearing for the Case

Mr. Frank H. Short, with whom Mr. F.E. Cook and Mr. E.J. McCutchen were on the brief, for appellant.

Mr. Raleigh E. Rhodes, with whom Mr. Marshall B. Woodworth was on the brief, for appellees.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity to restrain the City of Madera from proceeding with the construction of a water plant in competition with one that the plaintiff and its predecessors have built under the constitution of the State. The Circuit Court sustained a demurrer and dismissed the bill. 185 Fed. Rep. 281. The ground of the suit is that the state constitution provides that in any city where there are no public works...

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