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VON HERBERG v. CITY OF SEATTLE

No. 5445.

27 F.2d 457 (1928)

VON HERBERG v. CITY OF SEATTLE et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 20, 1928.

Attorney(s) appearing for the Case

R. P. Oldham, D. G. Eggerman, and Jay C. Allen, 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 and others.

James B. Howe, Edgar L. Crider, and Emory E. Hess, all of Seattle, Wash., for appellee Puget Sound Power & Light Co.

Otto B. Rupp, of Seattle, Wash., for certain taxpayers.

Before GILBERT, RUDKIN, and HUNT, Circuit Judges.

RUDKIN, Circuit Judge.

The present suit was instituted against the city of Seattle, its treasurer and comptroller, by one Von Herberg, as bondholder, taxpayer, and warrant holder, to restrain the city and its officers, first, from using the funds of other utilities for the operating expenses and maintenance charges of the municipal street railway system; second, from using the general funds of the city in payment of such operating expenses and maintenance charges...

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