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OKLAHOMA CITY, OKL. v. DOLESE

No. 367.

48 F.2d 734 (1931)

OKLAHOMA CITY, OKL., et al. v. DOLESE et al.

Circuit Court of Appeals, Tenth Circuit.

April 2, 1931.

Attorney(s) appearing for the Case

J. H. Jarman and A. L. Hull, both of Oklahoma City, Okl. (M. W. McKenzie and Joe Bailey Allen, both of Oklahoma City, Okl., on the brief), for appellants.

D. A. Richardson, of Oklahoma City, Okl. (John Tomerlin, Tomerlin & Chandler, and Hayes, Richardson, Shartel, Gilliland & Jordan, all of Oklahoma City, Okl., on the brief), for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

The city of Oklahoma City joined by its mayor and other officials appeal from a decree of the District Court which, in a suit of Peter Dolese and Dolese Bros. Company against them, enjoined the enforcement of Ordinance No. 3584, passed by the city on March 12, 1929, declaring the business of the company located within the city on the right of way of the Atchison, Topeka & Santa Fé Railway Company and adjacent lots to be a public nuisance...

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