NORTHWESTERN PAC. R. CO. v. TOWN OF LARKSPUR

No. 5802.

36 F.2d 554 (1929)

NORTHWESTERN PAC. R. CO. v. TOWN OF LARKSPUR et al.

Circuit Court of Appeals, Ninth Circuit.

December 17, 1929.


Attorney(s) appearing for the Case

Orrick, Palmer & Dahlquist, of San Francisco, Cal. (Christopher M. Jenks, of San Francisco, Cal., of counsel), for appellant.

Jordan L. Martinelli, of San Rafael, Cal., and H. A. Postlethwaite, of San Francisco, Cal., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


RUDKIN, Circuit Judge.

This was a suit to enjoin the collection of a special assessment and to declare the assessment null and void. From a decree in favor of the defendants, the plaintiff has appealed.

Section 2 of the California Improvement Act of 1911 (St. 1911, p. 732) provides that, whenever the public interest or convenience may require, the city council is authorized and empowered to order the whole or any portion or portions, either in length or width...

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