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CLEVELAND RY. CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 5213.

36 F.2d 347 (1929)

CLEVELAND RY. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1929.

Attorney(s) appearing for the Case

H. J. Crawford, of Cleveland, Ohio (Squire, Sanders & Dempsey, Andrew Squire, Fielder Sanders, and Atlee Pomerene, all of Cleveland, Ohio, on the brief), for petitioner.

Morton P. Fisher, Sp. Asst. Atty. Gen. (Mabel Walker Willebrandt, Asst. Atty. Gen., and Sewall Key and C. M. Charest, both of Washington, D. C., on the brief), for respondent.

Carl F. Shuler, Director of Law, and Alfred Clum and Henry S. Brainard, Asst. Directors of Law, all of Cleveland, Ohio, amicus curiæ on behalf of City of Cleveland.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

The petitioner owns a street railway system in the city of Cleveland and operates it under ordinances designed to furnish adequate transportation service to the public at the least possible cost, and at the same time provide for the security of the property and a fixed annual return thereon to the owner. To this end the ordinances provided for a scale of fares and placed a valuation on the assets of the petitioner as of the date of its acceptance...

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