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BELLAIRE, BENWOOD & WHEELING F. CO. v. INTERSTATE BRIDGE CO.

No. 2927.

40 F.2d 323 (1930)

BELLAIRE, BENWOOD & WHEELING FERRY CO. v. INTERSTATE BRIDGE CO. et al.

Circuit Court of Appeals, Fourth Circuit.

April 8, 1930.

Attorney(s) appearing for the Case

John C. Nichols, of Wheeling, W. Va. (James T. Miller, of Moundsville, W. Va., on the brief), for appellant.

Charles McCamic, of Wheeling, W. Va. (McCamic & Clarke, Jay T. McCamic, and James Morgan Clarke, all of Wheeling, W. Va., on the brief), for appellees.

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

NORTHCOTT, Circuit Judge.

This is a suit in equity, instituted by appellant in the circuit court of Marshall county, W. Va., in August, 1925, seeking to enjoin the appellees from appropriating land claimed by the appellant, and from interfering with the franchise and rights of a ferry operated by appellant, in the erection of a bridge over and across the Ohio river, from Benwood, W. Va., to Bellaire, Ohio. The bill also prays that the "appellees, their officers, agents...

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