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OREGON-WASHINGTON WATER SERVICE CO. v. CITY OF HOQUIAM

No. 5549.

28 F.2d 576 (1928)

OREGON-WASHINGTON WATER SERVICE CO. v. CITY OF HOQUIAM et al.

Circuit Court of Appeals, Ninth Circuit.

October 8, 1928.

Attorney(s) appearing for the Case

McCamant & Thompson, of Portland, Or., and Theo. B. Bruener, of Aberdeen, Wash., for appellant.

W. H. Abel, of Montesano, Wash., and James P. H. Callahan, of Hoquiam, Wash., for appellees.

Warren Olney, Jr., A. Crawford Greene, F. F. Thomas, Jr., and Victor E. Kleven, all of San Francisco, Cal. (McCutcheon, Olney, Mannon & Greene, of San Francisco, Cal., of counsel), amici acuriæ.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.

DIETRICH, Circuit Judge.

This is an appeal from a decree entered in harmony with an order sustaining defendant's motion to dismiss the bill of complaint. By the complaint, which was filed June 1, 1928, it is shown that the plaintiff is the owner of a system of waterworks by which water is supplied to the defendant city of Hoquiam, in Chehalis county, Washington. The system was constructed under an ordinance passed by the city April 19, 1898, granting a franchise to...

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