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COLLINS v. CITY OF PHŒNIX

No. 6470.

54 F.2d 770 (1931)

COLLINS v. CITY OF PHŒNIX et al.

Circuit Court of Appeals, Ninth Circuit.

December 14, 1931.

Attorney(s) appearing for the Case

John W. Ray, of Phoenix, Ariz., for appellant.

Charles Carson, Jr., James E. Nelson, and Kibbey, Bennett, Gust, Smith & Rosenfeld, all of Phoenix, Ariz., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and JAMES, District Judge.

WILBUR, Circuit Judge.

This is an appeal from judgment of dismissal given upon a motion to dismiss the complaint for lack of sufficient facts to justify the relief prayed for. The appellant predicating jurisdiction upon a diversity of citizenship brought this action in equity in the United States District Court for Arizona to enjoin the further improvement of First street between Van Buren and McDonald Road in the city of...

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