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UTAH CONST. CO. v. STATE HIGHWAY COMMISSION

No. 7793.

23 F.2d 638 (1927)

UTAH CONST. CO. v. STATE HIGHWAY COMMISSION OF WYOMING.

Circuit Court of Appeals, Eighth Circuit.

December 21, 1927.

Attorney(s) appearing for the Case

Benjamin S. Crow, of Los Angeles, Cal. (John W. Lacey, Herbert V. Lacey, and W. L. Walls, all of Cheyenne, Wyo., on the brief), for plaintiff in error.

Marion A. Kline, of Cheyenne, Wyo. (William O. Wilson, James A. Greenwood, and John Dillon, all of Cheyenne, Wyo., on the brief), for defendant in error.

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

LEWIS, Circuit Judge (after stating the facts as above).

The learned District Judge in finally sustaining the demurrer expressed his reasons in a written opinion. Following the rule announced on the subject in Ex parte State of New York, 256 U.S. 490, 41 S.Ct. 588, 65 L. Ed. 1057, and other cases, the conclusion was reached that the suit was in reality against the state; and that being so, the jurisdiction alleged diverse citizenship...

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