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CITY OF COMMERCE v. SOUTHERN RY. CO.

No. 5547.

35 F.2d 331 (1929)

CITY OF COMMERCE et al. v. SOUTHERN RY. CO.

Circuit Court of Appeals, Fifth Circuit.

October 31, 1929.

Attorney(s) appearing for the Case

E. C. Stark, of Commerce, Ga., and Grover Middlebrooks and W. Colquitt Carter, both of Atlanta, Ga. (Bryan & Middlebrooks, of Atlanta, Ga., on the brief), for appellants.

Sanders McDaniel, of Atlanta, Ga., and A. C. Wheeler and E. D. Kenyon, both of Gainesville, Ga., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The Southern Railway Company, a Virginia corporation, filed a bill in the federal District Court to enjoin the city of Commerce, a Georgia municipal corporation, from enforcing the collection of an assessment for street paving against the railway company's abutting land. A preliminary injunction, pending final hearing, was issued as prayed; and the city appeals.

The city's charter authorized it to require by ordinance the paving of streets...

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