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MILHEIM v. MOFFAT TUNNEL DIST.

No. 791.

262 U.S. 710 (1923)

MILHEIM ET AL. v. MOFFAT TUNNEL IMPROVEMENT DISTRICT ET AL.

Supreme Court of United States.

Decided June 11, 1923.

Attorney(s) appearing for the Case

Mr. Edwin H. Park for Milheim et al., plaintiffs in error.

Mr. Barnwell S. Stuart for White et al., plaintiffs in error.

Mr. Norton Montgomery for defendants in error. Mr. Erskine Myer and Mr. David P. Howard were also on the briefs.

MR. JUSTICE SANFORD delivered the opinion of the Court.

The defendants in error move to dismiss the writ of error or affirm the judgment.

This is a suit challenging the constitutionality of an act of the State of Colorado creating a tunnel improvement district (Sees. Laws, Ex. Sess., 1922, c. 2. p. 88), and the proceedings thereunder.

This act, which is known as the Moffat Tunnel Act, declares that to provide...

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