ANN ARBOR R. CO. v. CITY OF TOLEDO

No. 651.

33 F.2d 939 (1929)

ANN ARBOR R. CO. v. CITY OF TOLEDO et al.

District Court, N. D. Ohio, W. D.

April 15, 1929.


Attorney(s) appearing for the Case

Smith, Beckwith, Ohlinger & Froehlich, of Toledo, Ohio, for plaintiff.

The City Solicitor, and J. P. Delphey, of Toledo, Ohio, for defendant.


HAHN, District Judge.

The city of Toledo has let a contract for the performance of certain work on a foot bridge in Riverside Park, a public park of this city. The footbridge crosses two tracks of the plaintiff company and two tracks of the Pennsylvania Railroad. Plaintiff seeks to enjoin the performance of the contract on the ground that the city is rebuilding the footbridge, and that such rebuilding comes within the inhibition of section 8903 of the General...

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