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TODD v. CITIZENS' GAS CO. OF INDIANAPOLIS

Nos. 4394, 4401.

46 F.2d 855 (1931)

TODD v. CITIZENS' GAS CO. OF INDIANAPOLIS et al. COTTER v. SAME.

Circuit Court of Appeals, Seventh Circuit.

January 16, 1931.

Attorney(s) appearing for the Case

Frederick E. Matson, Earl B. Barnes, and Austin V. Clifford, all of Indianapolis, Ind. (Matson, Ross, McCord & Clifford, and Barnes & Johnson, all of Indianapolis, Ind., of counsel), for appellant Todd.

William B. Cockley and Walter J. Milde, both of Cleveland, Ohio, and Louis B. Ewbank, Samuel Dowden, William L. Taylor, and Jackson Carter, all of Indianapolis, Ind., for appellants Cotter and others.

Fred C. Gause, John W. Holtzman, Edward H. Knight, Henry H. Hornbrook, Paul Y. Davis, Wm. H. Thompson, and Albert L. Rabb, all of Indianapolis, Ind. (Smith, Remster, Hornbrook & Smith, Pickens, Davidson, Gause, Gillion & Pickens, and Thompson, Rabb & Stevenson, all of Indianapolis, Ind., of counsel), for appellees.

Before ALSCHULER and EVANS, Circuit Judges, and WILKERSON, District Judge.

These appeals are from decrees, dismissing for want of equity bills of appellants, stockholders of appellee gas company, seeking to prevent the transfer by the gas company to the city of Indianapolis of an interest in the property of the gas company, pursuant to the terms of an ordinance passed in 1905, under which the company derived its right to enter upon and use the city streets and to operate its plant. The terms of the ordinance relating to the transfer to the city...

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