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BUTLER-NEWARK BUS LINE v. SINCLAIR

No. 3849.

34 F.2d 780 (1929)

BUTLER-NEWARK BUS LINE, Inc., v. SINCLAIR et al.

District Court, D. New Jersey.

September 7, 1929.

Attorney(s) appearing for the Case

Walter G. Brandley, of Caldwell, N. J. (William H. Speer, of Newark, N. J., and Howard Osterhout, of Mineola, N. Y., of counsel), for plaintiff.

J. H. Harrison, of Newark, N. J. (Harry V. Osborne, of Newark, N. J., of counsel), for defendants.

Before DAVIS, Circuit Judge, and RUNYON and FAKE, District Judges.

FAKE, District Judge.

The plaintiff seeks a preliminary injunction based upon bill, order to show cause, and supporting affidavits, pursuant to section 380 of title 28 U. S. Code Annotated.

Under the authority of P. L. N. J. 1870, p. 181, the Essex public road board either laid out or appropriated Park avenue in the county of Essex, New Jersey. Subsequently, by P. L. N. J. 1894, p. 128 (4 Comp. St. N. J. 1910, p. 4491), the road board was abolished, and the...

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