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KENTUCKY POWER & LIGHT CO. v. CITY OF MAYSVILLE

36 F.2d 816 (1929)

KENTUCKY POWER & LIGHT CO. v. CITY OF MAYSVILLE et al.

District Court, E. D. Kentucky.

November 8, 1929.

Attorney(s) appearing for the Case

Worthington, Browning & Reed, of Maysville, Ky., for plaintiff.

B. S. Grannis, of Flemingsburg, Ky., and J. M. Collins, of Maysville, Ky., for defendants.

DAWSON, District Judge.

This case is before me on motion of the defendants to dismiss the bill for want of jurisdiction, and on motion to dismiss the bill for want of equity.

The Maysville Gas Company was organized by an Act of the General Assembly of Kentucky of March 1, 1854 (Loc. & Priv. Acts Ky. 1853-54, c. 370). Section 7 of the Charter provides: "That said company may lay their pipes of every necessary kind, through any of the streets and alleys...

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