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POWELL v. CITY OF ADA, OKL.

No. 609.

61 F.2d 283 (1932)

POWELL v. CITY OF ADA, OKL.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 26, 1932.

Attorney(s) appearing for the Case

W. R. Withington, of Oklahoma City, Okl. (L. P. Oldham, of Oklahoma City, Okl., on the brief), for appellant.

Thomas P. Holt, of Ada, Okl., for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The appellant is the owner of street improvement bonds issued by the appellee in 1918. A part of the cost of the improvement ($5,609.58) was assessed against the abutting property of one Daniel Hayes, a restricted Indian. He declined to pay the assessments. On July 30, 1928, appellant made a demand upon the officials of the city that they re-assess the cost of the improvement against the legally assessable property of the improvement district...

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