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HODGES v. TOWN OF BLUFF CITY, TENN.

No. 5135.

32 F.2d 779 (1929)

HODGES v. TOWN OF BLUFF CITY, TENN.

Circuit Court of Appeals, Sixth Circuit.

May 10, 1929.

Attorney(s) appearing for the Case

J. P. Buchanan, of Marion, Va., for appellant.

W. D. Lyon, of Bluff City, Tenn., and Sam A. Susong, of Greeneville, Tenn. (Susong, Susong & Parvin, of Greeneville, Tenn., on the brief), for appellee.

Before MOORMAN, HICKENLOOPER, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

The plaintiff, claiming to be the sole owner of the water rights to a spring known as the Underwood spring, brought this suit to enjoin the town of Bluff City, Tenn., from taking water from the spring for municipal purposes. The court below expressed doubt as to plaintiff's title to the rights which she claimed, but passed the question and dismissed the bill, after hearing proofs, upon the ground that there was a failure to show such irreparable...

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