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CITY OF LOUISVILLE v. LOUISVILLE RY. CO.

No. 5570.

39 F.2d 822 (1930)

CITY OF LOUISVILLE et al. v. LOUISVILLE RY. CO.

Circuit Court of Appeals, Sixth Circuit.

March 25, 1930.

Attorney(s) appearing for the Case

Wm. Marshall Bullitt, of Louisville, Ky. (Wm. T. Baskett, of Louisville, Ky., on the brief), for appellants.

Charles W. Milner, of Louisville, Ky. (H. T. Newcomb, of New York City, and Alfred Selligman and Humphrey, Crawford & Middleton, all of Louisville, Ky., on the brief) for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.

HICKENLOOPER, Circuit Judge.

The Louisville Railway Company filed its bill in the District Court seeking an injunction against the enforcement of what is claimed to be a confiscatory rate of fare fixed by the general council of the city of Louisville. The only question presented by the present appeal is that of the jurisdiction of the federal courts as such. Equity jurisdiction of the subject-matter of the litigation is conceded. As of August 25, 1922, after other...

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