CITY OF OSCEOLA, IOWA v. UTILITIES HOLDING CORPORATION

No. 9081.

55 F.2d 155 (1932)

CITY OF OSCEOLA, IOWA, et al. v. UTILITIES HOLDING CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

January 14, 1932.


Attorney(s) appearing for the Case

R. E. Killmar, of Osceola, Iowa (O. M. Slaymaker, of Osceola, Iowa, on the brief), for appellants.

C. J. Lynch, of Cedar Rapids, Iowa (Donnelly, Lynch, Anderson & Lynch and F. L. Anderson, all of Cedar Rapids, Iowa, and J. L. Parrish, of Des Moines, Iowa, on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SANBORN, District Judge.


VAN VALKENBURGH, Circuit Judge.

In April, 1897, the city of Osceola, Iowa, although, apparently, without power so to do, passed ordinances granting to the Iowa Telephone Company and to the Clearfield & Mount Ayr Telephone Company, their successors and assigns, the right to erect, maintain, and use upon the streets, alleys, and public highways of said city the poles, wires, and fixtures necessary and convenient for supplying...

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