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CITY OF CORBIN v. JOSEPH GREENSPON'S SONS IRON & STEEL CO.

No. 5934.

52 F.2d 939 (1931)

CITY OF CORBIN, KY., et al. v. JOSEPH GREENSPON'S SONS IRON & STEEL CO.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1931.

Attorney(s) appearing for the Case

William Wallace, of Lexington, Ky. (Oscar W. Black, of Corbin, Ky., and Fowler, Wallace & Fowler, of Lexington, Ky., on the brief), for appellants.

Squire R. Ogden, of Louisville, Ky. (Robert G. Gordon, of Louisville, Ky., A. T. W. Manning, of Lexington, Ky., and Gordon, Laurent & Ogden, of Louisville, Ky., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

In September, 1928, Corbin, Ky., a city of the third class, sold a franchise for the distribution of gas in the city to Luker, who immediately transferred it to Dulin. In 1929 Dulin died, and in February, 1930, Mrs. Dulin, his administratrix, assigned the franchise to the Freeman Gas Company. In April following the Freeman Company assigned it to appellee. Proceeding under the franchise in May of 1930 appellee began the construction of mains...

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