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BOYNTON v. MOFFAT TUNNEL IMPROVEMENT DIST.

No. 555.

57 F.2d 772 (1932)

BOYNTON et al. (SUPREME CAMP OF AMERICAN WOODMEN et al., Interveners) v. MOFFAT TUNNEL IMPROVEMENT DIST. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 13, 1932.

Attorney(s) appearing for the Case

Clayton C. Dorsey, of Denver, Colo. (John W. Davis, of New York City, James H. Pershing and Gerald Hughes, both of Denver, Colo., James M. Ogden, Atty. Gen., of Indiana, and Ernest L. Rhoads and Bernard J. Seeman, both of Denver, Colo., on the brief), for appellants.

Erskine R. Myer, of Denver, Colo. (Norton Montgomery, of Denver, Colo., on the brief), for appellees.

Before LEWIS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

McDERMOTT, Circuit Judge (after stating the facts as above).

The plaintiffs and interveners have invested $6,677,000 in the obligations of the Moffat Tunnel district. Their money has been expended in the construction of the tunnel. They have not been paid their interest as it became due, although taxes have been collected for that purpose. They have come into a court of competent jurisdiction, presented their grievances, and have asked for a hearing. They are stopped...

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