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CITY OF ROSWELL v. MOUNTAIN STATES TELEPHONE & TEL. CO.

No. 1155.

78 F.2d 379 (1935)

CITY OF ROSWELL, N. M., v. MOUNTAIN STATES TELEPHONE & TELEGRAPH CO.

Circuit Court of Appeals, Tenth Circuit.

June 24, 1935.

Attorney(s) appearing for the Case

H. C. Buchly and O. O. Askren, both of Roswell, N. M. (Neil B. Watson, of Roswell, N. M., on the brief), for appellant.

E. R. Campbell, of Denver, Colo. (Elmer L. Brock, John P. Akolt, and Milton Smith, all of Denver, Colo., on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

The city of Roswell instituted this action in the state court to enjoin the Mountain States Telephone & Telegraph Company, hereinafter called the company, from further maintaining its poles, wires, appliances, and equipment in the streets, alleys, and other public places of the city and to require their removal. It was alleged that the company owned a franchise which expired on May 24, 1919, and that it continued thereafter to occupy the...

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