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CAROLINA & N. W. RY. CO. v. TOWN OF CLOVER

No. 3037.

46 F.2d 395 (1931)

CAROLINA & N. W. RY. CO. v. TOWN OF CLOVER, S. C., et al.

Circuit Court of Appeals, Fourth Circuit.

January 13, 1931.

Attorney(s) appearing for the Case

John B. Hyde, of Washington, D. C. (S. R. Prince, of Washington, D. C., Frank G. Tompkins, of Columbia, S. C., and J. E. McDonald, Jr., of Winnsboro, S. C., on the brief), for appellant.

John R. Hart, of York, S. C. (Hart & Moss, of York, S. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

PARKER, Circuit Judge.

This was an action instituted in the court below by the plaintiff, the Carolina & Northwestern Railway Company, to recover of the defendant the town of Clover, S. C., certain paving assessments paid under protest. The jurisdiction of the court was invoked on the ground of diversity of citizenship and also because it was claimed that the assessments in question had been levied in contravention of the due process and equal protection clauses...

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