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ARKANSAS-MISSOURI POWER CO. v. CITY OF KENNETT, MO.

Nos. 10295, 10296.

78 F.2d 911 (1935)

ARKANSAS-MISSOURI POWER CO. v. CITY OF KENNETT, MO., et al. MISSOURI PUBLIC SERVICE CO. v. CITY OF TRENTON, MO., et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 9, 1935.

Attorney(s) appearing for the Case

A. Z. Patterson, Cyrus Crane, and D. C. Chastain, all of Kansas City, Mo., for appellants.

Robert B. Fizzell, of Kansas City, Mo. (Orville Zimmerman and John T. McKay, Jr., all of Kennett, Mo., and Bowersock, Fizzell & Rhodes, of Kansas City, Mo., on the brief), for appellees city of Kennett, Mo., and others.

Henry T. Hunt, Sp. Asst. to the Atty. Gen., for Harold L. Ickes, as Federal Emergency Administrator of Public Works.

Russell N. Pickett, of Trenton, Mo. (Harry J. Fair, of Trenton, Mo., on the brief), for appellees city of Trenton, Mo., and others.

Henry T. Hunt, Sp. Asst. to the Atty. Gen. (Cyrus B. Austin, of Boston, Mass., Legal Division, Federal Emergency Administration of Public Works, on the brief), for Harold L. Ickes, as Federal Emergency Administrator of Public Works, amicus curiæ.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

SANBORN, Circuit Judge.

These cases, which arise out of substantially similar circumstances, were argued together. Each was a suit in equity for an injunction. A decree dismissing the appellant's bill for want of equity was entered in each suit, and these appeals followed. The parties will be designated as in the courts below.

The Arkansas-Missouri Power Company is an Arkansas corporation. It owns and operates electric plants and distribution systems in southeastern...

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