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PACIFIC TELEPHONE & TELEGRAPH CO. v. WHITCOMB

Nos. 166-E, 167-E.

12 F.2d 279 (1926)

PACIFIC TELEPHONE & TELEGRAPH CO. v. WHITCOMB, Director of Public Works of Washington, et al. HOME TELEPHONE & TELEGRAPH CO. OF SPOKANE v. DENNEY, Director of Public Works of Washington, et al.

District Court, W. D. Washington, S. D.

April 22, 1926.

Attorney(s) appearing for the Case

Otto B. Rupp, of Seattle, Wash., Post & Russell, of Spokane, Wash., and Pillsbury, Madison & Sutro, of San Francisco, Cal. (C. M. Bracelen, of New York City, of counsel), for plaintiffs.

John H. Dunbar, Atty. Gen., and H. C. Brodie, Asst. Atty. Gen., of State of Washington (Thomas J. L. Kennedy, of Seattle, Wash., E. K. Murray, of Tacoma, Wash., and Alex M. Winston, of Spokane, Wash., of counsel), for defendants.

Before RUDKIN, Circuit Judge, and NETERER and WEBSTER, District Judges.

WEBSTER, District Judge.

These cases, by agreement of counsel consolidated for the purpose of taking testimony before the special master, have been dealt with by him in a single report, and will therefore be considered together. No attempt will be made to detail the history of this complicated and protracted litigation as it has taken its course through state and federal courts. For the purpose of our present inquiries, it will perhaps suffice to say that on March...

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