CITY OF SAN DIEGO v. ATCHISON, TOPEKA & SANTA FÉ RY. CO.

No. 6106.

45 F.2d 11 (1930)

CITY OF SAN DIEGO v. ATCHISON, TOPEKA & SANTA FÉ RY. CO.

Circuit Court of Appeals, Ninth Circuit.

November 10, 1930.


Attorney(s) appearing for the Case

M. W. Conkling, City Atty., and C. L. Byers, Asst. City Atty., both of San Diego, Cal., for appellant.

Robert Brennan, M. W. Reed, and E. T. Lucey, all of Los Angeles, Cal., for appellee.

Before RUDKIN and WILBUR, Circuit Judges, and NORCROSS, District Judge.


RUDKIN, Circuit Judge.

Upon the original submission of this case an opinion was prepared by Judge DIETRICH, but after his death the case was restored to the calendar for reargument and has been resubmitted to the court by stipulation of the parties. Upon full consideration the opinion of Judge DIETRICH, which follows, is adopted as the opinion of the court.

"By the decree below the appellant is enjoined from enforcing...

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