SUNCREST LUMBER CO. v. NORTH CAROLINA PARK COMMISSION


30 F.2d 121 (1929)

SUNCREST LUMBER CO. v. NORTH CAROLINA PARK COMMISSION et al.

District Court, W. D. North Carolina.

January 14, 1929.


Attorney(s) appearing for the Case

Rollins & Smathers, of Asheville, N. C., Byron F. Ely, of Ridgway, Pa., and Alfred S. Barnard, of Asheville, N. C., for complainant.

A. L. Brooks and L. R. Varser, Asst. Attys. Gen., and Frank Carter, of Asheville, N. C., for defendants.

Before PARKER, Circuit Judge, and WEBB and HAYES, District Judges.


PARKER, Circuit Judge

This is an application for an interlocutory injunction heard before a court of three judges constituted in accordance with section 266 of the Judicial Code (28 USCA § 380). The complainant is the Suncrest Lumber Company, a corporation of the state of Delaware, owning property in Swain and Haywood counties, N. C., and the defendants are the North Carolina park commission and the individual members of the commission. The members of the commission...

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