WEST TEXAS UTILITIES CO. v. CITY OF SPUR

No. 5546.

38 F.2d 466 (1930)

WEST TEXAS UTILITIES CO. v. CITY OF SPUR et al.

Circuit Court of Appeals, Fifth Circuit.

March 7, 1930.


Attorney(s) appearing for the Case

Ellis Douthit, of Abilene, Tex., Chas. E. Coombes and H. G. Andrews, both of Stamford, Tex., W. D. Girand, of Lubbock, Tex., and Charles L. Black, of Austin, Tex. (Coombes & Andrews, of Stamford, Tex., Wagstaff, Harwell, Wagstaff & Douthit, of Abilene, Tex., W. D. Girand, of Lubbock, Tex., and Black & Graves, of Austin, Tex., on the brief), for appellant.

W. D. Wilson, of Spur, Tex., B. L. Agerton, of Fort Worth, Tex., Carroll J. Lord, of Chicago, Ill., and J. W. Gormley, of Dallas, Tex. (W. D. Wilson, of Spur, Tex., Ashcraft & Ashcraft and C. J. Lord, all of Chicago, Ill., Touchstone, Wight, Gormley & Price and J. W. Gormley, all of Dallas, Tex., and Bryan, Stone, Wade & Agerton, B. B. Stone, and B. L. Agerton, all of Fort Worth, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

On the 25th day of October, 1928, the city of Spur, a Texas municipal corporation, which we shall call the city, by its board of commissioners, adopted an ordinance which provided "that it shall be unlawful for any firm, corporation, or persons, to conduct and to operate any public utility plant, such as telephone, gas, waterworks, electric light, or any other utility plant, without a franchise from the City of Spur, Texas, duly passed by the...

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