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CITY OF MOBILE v. MARX & CO.

No. 7554.

75 F.2d 569 (1935)

CITY OF MOBILE et al. v. MARX & CO.

Circuit Court of Appeals, Fifth Circuit.

February 6, 1935.

Attorney(s) appearing for the Case

Harry Seale, Harry H. Smith, and Frank J. Yerger, all of Mobile, Ala., for appellants.

John S. Coleman, of Birmingham, Ala., for appellee.

Before SIBLEY, HUTCHESON, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

In February, 1933, the appellee, Marx & Co., a corporation, recovered judgment against the city of Mobile (hereinafter referred to as the city), in the sum of $39,122.22, on street improvement bonds issued by the city in September, 1929. After an execution on that judgment had been returned "no property found," the appellee filed a petition against the city and officials thereof praying the issuance of a peremptory writ of mandamus requiring...

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