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

22 F.2d 681 (1927)

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

District Court, D. Idaho, E. D.

October 22, 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, and Burcham & Blair, of Spokane, Wash., for defendants.

Frank L. Stephan, Atty. Gen., and H. O. McDougall, Asst. Atty. Gen., of Idaho.

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

DIETRICH, Circuit Judge.

For a statement of most of the salient facts and certain features of law, reference is made to our decision of January 3, 1927. 17 F.2d 125. It now appears that at the date of that decision there were in Idaho 118 highway districts other than defendant, which like it had been organized pursuant to the provisions of the general Highway District Act, which we held to be invalid; and, possibly because of the...

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