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CAROLINA & N. W. RY. CO. v. TOWN OF LINCOLNTON

No. 2844.

33 F.2d 719 (1929)

CAROLINA & N. W. RY. CO. v. TOWN OF LINCOLNTON et al.

Circuit Court of Appeals, Fourth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

John A. Marion, of York, S. C., and W. H. Childs, of Lincolnton, N. C. (Childs & Childs, of Lincolnton, N. C., on the brief), for appellant.

Sheldon M. Roper, A. L. Quickel, and Charles A. Jonas, all of Lincolnton, N. C., for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and COCHRAN, District Judge.

PARKER, Circuit Judge.

This is an appeal from an order dismissing the bill of complaint in a suit to enjoin the enforcement of certain ordinances of the town of Lincolnton, N. C. The complainant in the court below was the Carolina & Northwestern Railway Company, a North Carolina corporation. The town of Lincolnton, its mayor and aldermen and its chief of police, were defendants. The ordinances were attacked on three grounds: (1) That they impaired the obligations...

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