NORTHWESTERN LIGHT & POWER CO. v. TOWN OF MILFORD

No. 10399.

82 F.2d 45 (1936)

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

Circuit Court of Appeals, Eighth Circuit.

As Modified on Denial of Rehearing 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.


SANBORN, Circuit Judge.

The appellant, plaintiff in the court below, is a Delaware corporation engaged in producing and selling electricity in Iowa. It owns a distribution system and a street lighting system in the town of Milford, Iowa, and has a contract with the town to light its streets. This contract was made in 1928. It could have been, but was not, terminated July 1, 1933, and by its terms now runs until July 1, 1938. Under it the town obligates itself to levy...

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