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CINCINNATI, NEWPORT & COVINGTON RAILWAY COMPANY v. CITY OF CINCINNATI, OHIO

No. 7179.

90 F.2d 1003 (1937)

CINCINNATI, NEWPORT & COVINGTON RAILWAY COMPANY, Appellant, v. CITY OF CINCINNATI, OHIO, Russell Wilson, Mayor of Cincinnati, Clarence A. Dykstra, City Manager of Cincinnati, and John D. Ellis, City Attorney of Cincinnati, Appellees.

Circuit Court of Appeals, Sixth Circuit.

June 4, 1937.

Attorney(s) appearing for the Case

John Weld Peck, Frank M. Tracy, and C. S. Weakley, all of Cincinnati, Ohio, Chester J. Gerkin, of New York City, Charles W. Milner, of Louisville, Ky., and Matt Herold, of Newport, Ky., for petitioner.

John D. Ellis and Leonard Shore, both of Cincinnati, Ohio, for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

This cause was heard on the transcript and briefs and was argued by counsel. On consideration whereof, it is now here ordered and adjudged that the decree of the District Court dismissing the bill in equity be and the same is affirmed, upon the authority of City of Covington, Ky. v. Cincinnati, N. & C. Ry. Co., 71 F.2d 117; and Cincinnati, N. & C. Ry. Co. v. City of Cincinnati, Ohio, 71...

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