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BRISTOW BATTERY CO. v. BOARD OF COM'RS

No. 67.

37 F.2d 504 (1930)

BRISTOW BATTERY CO. et al., v. BOARD OF COM'RS OF ROGERS COUNTY, OKL.

Circuit Court of Appeals, Tenth Circuit.

January 16, 1930.

Attorney(s) appearing for the Case

Adelbert Brown, of Oklahoma City, Okl., and Redmond S. Cole, of Tulsa, Okl. (Brown & Stater, of Oklahoma City, Okl., W. F. Pardoe, of Sapulpa, Okl., and S. A. Denyer, of Drumright, Okl., on the brief), for appellants.

M. E. Jordan, of Tulsa, Okl., and N. B. Johnson, of Claremore, Okl. (Lydick, McPherren & Jordan, of Oklahoma City, Okl., on the brief), for appellees.

Valjean Biddison, of Tulsa, Okl., and James G. Martin and Thomas E. Elcock, both of Wichita, Kan., amici curiæ.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

Rogers County, Oklahoma, plaintiff below and appellee here, brought this suit for injunctive relief, prohibitory as to some of the defendants and mandatory as to others. There is no diverse citizenship. Jurisdiction is based on the claimed denial of Federal rights guaranteed by the U. S. Constitution. The case made by the bill is this:

In 1922 the City of Drumright, in Creek County, Oklahoma, issued 171 funding bonds, each of the par...

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