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WEST MISSOURI POWER CO. v. CITY OF WASHINGTON

No. 1271.

80 F.2d 420 (1935)

WEST MISSOURI POWER CO. v. CITY OF WASHINGTON, WASHINGTON COUNTY, KAN., et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 2, 1936.

Attorney(s) appearing for the Case

Frank C. Baldwin, of Concordia, Kan. (C. W. Burch, B. I. Litowich, and Larue Royce, all of Salina, Kan., and Charles L. Hunt, of Concordia, Kan., on the brief), for appellant.

Ralph T. O'Neil, of Topeka, Kan. (Farel R. Lobaugh, of Washington, Kan., and John D. M. Hamilton, Barton E. Griffith, and Peter F. Caldwell, all of Topeka, Kan., on the brief), for appellees.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

The West Missouri Power Company, hereinafter called the Power Company, brought this action to enjoin the City of Washington, Kansas, hereinafter called the City, from issuing certain bonds to provide funds with which to construct "an electric distributing system, power plant building, and appurtenances thereto, for the purpose of supplying said city and its inhabitants with electric light and power." From a decree dismissing the bill the Power...

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