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SOUTHERN PAC. CO. v. CITY OF WILLOW GLEN

No. 6282.

49 F.2d 1005 (1931)

SOUTHERN PAC. CO. v. CITY OF WILLOW GLEN.

Circuit Court of Appeals, Ninth Circuit.

May 8, 1931.

Attorney(s) appearing for the Case

Louis Oneal, of San Jose, Cal., and Frank C. Cleary and E. J. Foulds, both of San Francisco, Cal. (Guy V. Shoup, of San Francisco, Cal., of counsel), for appellant.

L. D. Bohnett, of San Jose, Cal., for appellee.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from the decree enjoining the appellant from proceeding with the construction of a double-track railway "or operating thereon any railroad" upon its land within the city of Willow Glen, a municipal corporation of Santa Clara, Cal., unless and until said appellant obtains from the city council of the city of Willow Glen by two-thirds vote thereof the grant of the right to so use said land. The action is predicated upon section...

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