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COLLINS v. CITY OF PHŒNIX

No. 5446.

26 F.2d 753 (1928)

COLLINS v. CITY OF PHŒNIX et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 18, 1928.

Attorney(s) appearing for the Case

John W. Ray and Joseph C. Niles, both of Phœnix, Ariz., for appellant.

W. L. Barnum and Kibbey, Bennett, Gust, Smith & Lyman, all of Phœnix, Ariz., for appellees.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

This is an appeal from an order of the United States District Court of Arizona denying plaintiff's application for a temporary injunction restraining the city of Phœnix from proceeding with certain street improvements, the cost of which is to be assessed against abutting property.

His first contention is that the city officers are wholly wanting in the power so to assess and collect the cost. Under the Constitution of Arizona...

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