PUGET SOUND POWER & LIGHT CO. v. CITY OF SEATTLE

No. 5457.

29 F.2d 254 (1928)

PUGET SOUND POWER & LIGHT CO. v. CITY OF SEATTLE et al.

Circuit Court of Appeals, Ninth Circuit.

November 5, 1928.


Attorney(s) appearing for the Case

James B. Howe, Edgar L. Crider, and Emory E. Hess, all of Seattle, Wash., for appellant.

Thomas J. L. Kennedy, Corp. Counsel, and Arthur Schramm, Jr., Asst. Corp. Counsel, both of Seattle, Wash., for appellees City of Seattle et al.

R. P. Oldham, Jay C. Allen, and D. G. Eggerman, all of Seattle, Wash., for appellee Von Herberg.

Before RUDKIN and HUNT, Circuit Judges, and NORCROSS, District Judge.


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

In our opinion, plaintiff has failed to show itself entitled to relief. By section 5 of the ordinance, authorizing the bonds and the acquisition of the street railway system, the city obligated itself to pay into the special fund out of the gross revenue of the railway system, one calendar month prior to the due date of any installment of principal or interest, sufficient sums to meet such installments, and to...

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