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CITY OF FORT WORTH v. WESTERN UNION TELEGRAPH CO.

No. 7798.

80 F.2d 977 (1936)

CITY OF FORT WORTH et al. v. WESTERN UNION TELEGRAPH CO.

Circuit Court of Appeals, Fifth Circuit.

January 2, 1936.

Attorney(s) appearing for the Case

R. E. Rouer and R. M. Rowland, both of Fort Worth, Tex., for appellants.

John W. Miller and W. H. Flippen, both of Dallas, Tex., for appellee.

Before SIBLEY and HUTCHESON, Circuit Judges, and STRUM, District Judge.

SIBLEY, Circuit Judge.

This case was tried in the District Court and argued here with City of Fort Worth et al. v. Southwestern Bell Telephone Company (C.C.A.) 80 F.2d 972. It does not differ materially. An ordinance of the city passed June 5, 1888, appears in the record which purports to grant to the telegraph company the right to construct a line of wire along certain streets and fixes the...

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