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CITY OF WHEELING v. JOHN F. CASEY CO.

No. 4052.

85 F.2d 922 (1936)

CITY OF WHEELING et al. v. JOHN F. CASEY CO.

Circuit Court of Appeals, Fourth Circuit.

October 6, 1936.

Attorney(s) appearing for the Case

Jay T. McCamic, of Wheeling, W. Va. (Charles McCamic, Russell B. Goodwin, and Benjamin L. Rosenbloom, all of Wheeling, W. Va., on the brief), for appellants.

James B. Riley, of Wheeling, W. Va. (T. S. Riley and Robert J. Riley, both of Wheeling, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

This is a suit in equity brought in January, 1936, by the appellee, a Pennsylvania corporation, herein referred to as the plaintiff, against the appellants, citizens of West Virginia, herein referred to as the defendants, in the District Court of the United States for the Northern District of West Virginia. Of the defendants Harry J. Humphrey was manager, Charles F. Schultze was mayor and member of the council, and Benjamin L. Rosenbloom...

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