CITY OF VINCENNES v. MARLAND REFINING CO.

No. 4057.

33 F.2d 427 (1929)

CITY OF VINCENNES, IND., v. MARLAND REFINING CO.

Circuit Court of Appeals, Seventh Circuit.

May 17, 1929.


Attorney(s) appearing for the Case

Arnold J. Padgett, of Vincennes, Ind., for City of Vincennes.

Fredrick E. Matson, of Indianapolis, Ind., for Marland Refining Co.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.


PAGE, Circuit Judge.

The District Court perpetually enjoined the city of Vincennes, Ind., called city, from enforcing its Ordinance No. 461, as against appellee. The ordinance, adopted May 13, 1927, after appellee had on March 11, 1927, filed for record its deed of property purchased for the sole purpose of erecting a gasoline filling station, reads:

"An ordinance regulating the erection, location and maintenance of drive-in retail and wholesale gasoline and...

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