MOFFAT TUNNEL IMPROVEMENT DIST. v. DENVER & S. L. RY. CO.

Nos. 260, 261.

45 F.2d 715 (1930)

MOFFAT TUNNEL IMPROVEMENT DIST. et al. v. DENVER & S. L. RY. CO. DENVER & S. L. RY. CO. v. MOFFAT TUNNEL IMPROVEMENT DIST. et al.

Circuit Court of Appeals, Tenth Circuit.

November 29, 1930.


Attorney(s) appearing for the Case

Norton Montgomery and Horace N. Hawkins, both of Denver, Colo. (Erskine R. Myer, of Denver, Colo., on the brief), for Moffat Tunnel Improvement Dist. and Moffat Tunnel Commission.

Clayton C. Dorsey and Gerald Hughes, both of Denver, Colo. (Elmer L. Brock, of Denver, Colo., on the brief), for Denver & S. L. Ry. Co.

Thomas H. Gibson, of Denver, Colo., amicus curiæ for City and County of Denver.

James Grafton Rogers, of Denver, Colo. (Harold H. Healy, of Denver, Colo., on the brief), amicus curiæ for Denver Chamber of Commerce, Retail Merchants' Bureau, Moffat Tunnel League, Presidents' Round Table, and Lions Club of Steamboat Springs, Colo.

F. R. Carpenter, of Hayden, Colo., amicus curiæ for Routt County Taxpayers' Ass'n, and Joseph J. Jones, a taxpayer of Moffat County, Colo.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

This litigation deals with a lease of the Moffat Railroad Tunnel executed on January 6, 1926, by the Moffat Tunnel Improvement District to the Denver and Salt Lake Railway Company, commonly called the Moffat Railway. The appellants in No. 260 and appellees in No. 261 are the District and its governing body, the Moffat Tunnel Commission, and for brevity will be hereafter referred to as the "District." The Railway Company is the appellee in...

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