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OREGON SHORT LINE R. CO. v. CLARK COUNTY HIGHWAY DIST.

No. 617.

17 F.2d 125 (1927)

OREGON SHORT LINE R. CO. v. CLARK COUNTY HIGHWAY DIST. et al.

District Court, D. Idaho, S. D.

January 3, 1927.

Attorney(s) appearing for the Case

George H. Smith, of Salt Lake City, Utah, and H. B. Thompson and J. H. McEvers, both of Pocatello, Idaho, for complainant.

R. W. Katerndahl, of Dubois, Idaho, for defendant Clark County Highway Dist.

A. H. Conner, Atty. Gen., and S. E. Blaine and John W. Cramer, Asst. Attys. Gen., for State of Idaho.

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

DIETRICH, District Judge.

The defendant is a highway district of Idaho, organized pursuant to the provisions of chapter 66, and particularly sections 1491, 1492, 1493, 1494, 1495, 1506, and 1507, of the Compiled Statutes (1919) of that state. Through it runs one of the main lines of the plaintiff Oregon Short Line Railroad Company, 37.5 miles in length. The district proposes to issue bonds in the amount of $100,000 for the construction and improvement of highways...

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