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CITY OF TULSA v. SOUTHWESTERN BELL TELEPHONE CO.

Nos. 1113, 1114.

75 F.2d 343 (1935)

CITY OF TULSA v. SOUTHWESTERN BELL TELEPHONE CO. SOUTHWESTERN BELL TELEPHONE CO. v. CITY OF TULSA.

Circuit Court of Appeals, Tenth Circuit.

January 26, 1935.

Attorney(s) appearing for the Case

R. L. Davidson and Neal E. McNeill, both of Tulsa, Okl. (H. O. Bland, W. I. Williams, and Bert E. Johnson, all of Tulsa, Okl., on the briefs), for City of Tulsa.

John H. Cantrell, of Oklahoma City, Okl. (J. R. Spielman and J. A. McCloud, both of Oklahoma City, Okl., and A. J. Biddison, Harry Campbell, Valjean Biddison, and Harry Campbell, Jr., all of Tulsa, Okl., on the briefs), for Southwestern Bell Telephone Co.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

The City brought this action against the Southwestern Company. The amended petition set up three alleged causes of action:

In its first cause of action the City alleged that on January 5, 1903, the incorporated town of Tulsa granted a franchise to the Indian Territory Telephone Company for a term of 20 years; that the Southwestern Company succeeded to the rights of the Territory Company under...

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