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NORTHWESTERN LIGHT & POWER CO. v. TOWN OF MILFORD, IOWA

No. 10399.

82 F.2d 1023 (1936)

NORTHWESTERN LIGHT & POWER CO. v. TOWN OF MILFORD, IOWA, et al.

Circuit Court of Appeals, Eighth Circuit.

May 2, 1936.

Attorney(s) appearing for the Case

C. J. Lynch, of Cedar Rapids, Iowa, and H. E. Narey, of Spirit Lake, Iowa (Donnelly, Lynch, Anderson & Lynch, of Cedar Rapids, Iowa, on the brief), for appellant.

William L. Hassett, of Des Moines, Iowa (George A. Rice, of Mapleton, Iowa, and Diamond & Jory, of Sheldon, Iowa, on the brief), for appellees.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

PER CURIAM.

In its petition for rehearing the appellant asserts that a taxpayer may maintain a suit to enjoin the performance of a contract by a town for the erection of a municipal electric plant, although it is to be paid for from earnings, and not from taxes. The question which we passed upon was whether the plaintiff, a Delaware corporation with an expired franchise, a nonresident and noncitizen of the town of Milford...

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