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AMERICA LAND CO. v. CITY OF KEENE

No. 2444.

41 F.2d 484 (1930)

AMERICA LAND CO. v. CITY OF KEENE.

Circuit Court of Appeals, First Circuit.

June 5, 1930.

Attorney(s) appearing for the Case

Percy W. Gardner, of Providence, R. I. (Jonathan Piper [of Demond, Woodworth, Sulloway & Rogers], of Concord, N. H., on the brief), for appellant.

Robert P. Bingham, of Manchester, N. H. (Henry C. Arwe, of Keene, N. H., and De Witt C. Howe, of Manchester, N. H., on the brief), for appellee.

Before ANDERSON and WILSON, Circuit Judges, and HALE, District Judge.

WILSON, Circuit Judge.

A suit in equity was brought by the complainant to enjoin the enforcement of a so-called zoning ordinance adopted by the defendant city and to have the same declared invalid, and as an alternative relief, on the ground of bad faith in passing the ordinance, rescission of a deed for the conveyance of a tract of land to the plaintiff by the defendant, and, according to a special prayer in the bill also, to compel the defendant to repurchase the...

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