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CITY OF VILLISCA v. IOWA SERVICE CO.

No. 6741.

6 F.2d 455 (1925)

CITY OF VILLISCA, IOWA, et al. v. IOWA SERVICE CO.

Circuit Court of Appeals, Eighth Circuit.

June 4, 1925.

Attorney(s) appearing for the Case

George L. De Lacy, of Omaha, Neb. (W. C. Radcliff, of Red Oak, Iowa, and Clem F. Kimball, of Council Bluffs, Iowa, on the brief), for appellants.

Emmet Tinley, of Council Bluffs, Iowa (Tinley, Mitchell, Ross & Mitchell, of Council Bluffs, Iowa, and George A. Lee, of Omaha, Neb., on the brief), for appellee.

Before SANBORN and LEWIS, Circuit Judges, and POLLOCK, District Judge.

POLLOCK, District Judge.

This appeal brings up for review an order of the trial court restraining the city of Villisca, Iowa (hereinafter referred to as the "city"), and its officials, its mayor and common council, from proceeding to construct within the city an electric lighting system municipally owned. The facts are:

The Iowa Service Company (hereinafter called the "Service Company") is what is known as an electric power company having its principal plant...

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