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CHICKASHA COTTON OIL CO. v. COTTON COUNTY GIN CO.

No. 177.

40 F.2d 846 (1930)

CHICKASHA COTTON OIL CO. v. COTTON COUNTY GIN CO.

Circuit Court of Appeals Tenth Circuit.

April 28, 1930.

Attorney(s) appearing for the Case

Robert M. Rainey, of Oklahoma City, Okl., and Alger Melton, of Chickasha, Okl. (Streeter B. Flynn, of Oklahoma City, Okl., Melton & Melton, of Chickasha, Okl., and Rainey, Flynn, Green & Anderson, of Oklahoma City, Okl., on the brief), for appellant.

J. G. Clift, of Duncan, Okl., and L. M. Gensman, of Lawton, Okl. (Cham Jones and Jones & Clift, all of Duncan, Okl., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

The Chickasha Cotton Oil Company, a Delaware corporation, owning and operating a cotton gin at Walters, Okl., appeals from the dismissal of a suit to enjoin the Cotton County Gin Company, chartered under the Oklahoma law, from constructing and operating a gin at the same city.

The grounds of suit as alleged in plaintiff's bill are in substance, and so far as they are material, that it is operating the gin as a needed utility under...

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