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CINCINNATI, N. & C. RY. CO. v. CITY OF CINCINNATI

No. 6557.

71 F.2d 124 (1934)

CINCINNATI, N. & C. RY. CO. v. CITY OF CINCINNATI, OHIO.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied June 29, 1934.

Attorney(s) appearing for the Case

L. K. Langdon and C. S. Weakley, both of Cincinnati, Ohio, Chas. W. Milner, of Louisville, Ky., F. M. Tracy, of Cincinnati, Ohio, and Matt Herold, of Newport, Ky., for appellant.

John D. Ellis, City Sol., and Leonard S. Shore, Asst. City Sol., both of Cincinnati, Ohio, for appellees.

Before MOORMAN, HICKENLOOPER, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

Upon application of appellant, the council of the city of Cincinnati on July 20, 1917, adopted a resolution directing advertisement for sealed proposals to construct and operate a street railway in the city of Cincinnati upon certain designated routes, together with the right to erect and maintain an elevated structure over Third street as an approach to the Dixie Terminal building. The resolution provided that the grant should be made to the...

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