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EAST ST. LOUIS RY. CO. v. CITY OF EAST ST. LOUIS

No. 35-D.

13 F.2d 852 (1926)

EAST ST. LOUIS RY. CO. v. CITY OF EAST ST. LOUIS et al.

District Court, E. D. Illinois.

August 9, 1926.

Attorney(s) appearing for the Case

J. L. Flannigen, of East St. Louis, Ill., and B. P. Alschuler, R. C. Putnam, and G. T. Johnson, all of Aurora, Ill., and G. A. Huebner, for plaintiff.

R. V. Gustin, Corporation Counsel, Martin Drury, City Atty., and Charles A. Karsh, all of East St. Louis, Ill., for defendants.

Francis X. Busch, Corporation Counsel, and James J. Coughlin and C. Morton Doty, Asst. Corporation Counsel, all of Chicago, Ill., as amici curiæ.

LINDLEY, District Judge.

The plaintiff filed its bill against the defendants, the city of East St. Louis and certain commissioners thereof, alleging that as a public utilities corporation, organized under the laws of Illinois, by virtue of a franchise granted by ordinance of the city of East St. Louis on the 3d day of February, 1903, it obtained permission and authority to construct and operate its system of street railways...

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