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DENVER & S. L. RY. CO. v. MOFFAT TUNNEL IMPROVEMENT DIST.

No. 8859.

35 F.2d 365 (1929)

DENVER & S. L. RY. CO. v. MOFFAT TUNNEL IMPROVEMENT DIST. et al.

District Court, D. Colorado, at Denver.

September 20, 1929.

Attorney(s) appearing for the Case

Smith, Brock, Akolt & Campbell, of Denver, Colo. (Hughes & Dorsey, of Denver, Colo., of counsel), for plaintiff.

Rothgerber & Appel and Grant, Ellis, Shafroth & Toll, all of Denver, Colo., for Interveners.

Montgomery & Myer and Horace Hawkins, all of Denver, Colo., for defendants.

The Issues.

SYMES, District Judge.

In brief, the allegations of this bill are that on January 6, 1926, plaintiff railroad, and defendant the Moffat Tunnel Improvement District, acting by and through the commission, entered into a written contract or lease, whereby the district leased to the plaintiff for a term of 50 years the railway use of the Moffat Tunnel and certain other property, with an option to renew for 49 years more; that the rent agreed to be...

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