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CITY OF HARRISONVILLE, MO. v. W. S. DICKEY CLAY MFG. CO.

No. 9241.

61 F.2d 210 (1932)

CITY OF HARRISONVILLE, MO., v. W. S. DICKEY CLAY MFG. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 5, 1932.

Attorney(s) appearing for the Case

Raymond G. Barnett, of Kansas City, Mo. (Allen B. Glenn, of Harrisonville, Mo., on the brief), for appellant.

Leland Hazard, of Kansas City, Mo. (Maurice H. Winger and George J. Winger, both of Kansas City, Mo., on the brief), for appellee.

Before STONE and KENYON, Circuit Judges, and CANT, District Judge.

CANT, District Judge.

The parties will be designated as in the court below, where W. S. Dickey Clay Manufacturing Company was plaintiff, and city of Harrisonville was defendant.

Plaintiff is a corporation organized under the laws of the state of Delaware. Defendant is now, and for several years last past has been, a city of about 2,000 inhabitants in the state of Missouri. A small stream, known as Town creek, flows through or near the northerly line of said...

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