CITY OF EVANSVILLE, IND. v. GASETERIA

No. 4437.

51 F.2d 232 (1931)

CITY OF EVANSVILLE, IND., et al. v. GASETERIA, Inc.

Circuit Court of Appeals, Seventh Circuit.

June 29, 1931.


Attorney(s) appearing for the Case

Frank C. Dailey, Percy E. O'Neal, George S. Dailey, and Robert A. Efroymson, all of Indianapolis, Ind., for appellants.

Myron H. Gray, of Muncie, Ind., and William H. Thompson, Albert L. Rabb, and Thomas D. Stevenson, all of Indianapolis, Ind., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


ALSCHULER, Circuit Judge.

Appellee brought its equity action to enjoin appellant city and its officers from interfering with appellee's installation in the city of a gasoline filling station having bulk and service tanks of a total of some 51,000 gallons capacity. Upon final hearing, the court granted the relief prayed, and the appeal is from the decree.

Federal jurisdiction is invoked upon the allegation that through the acts complained of appellee was and...

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