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CITY OF TAMPA v. TEXAS CO.

No. 8292.

89 F.2d 221 (1937)

CITY OF TAMPA v. TEXAS CO.

Circuit Court of Appeals, Fifth Circuit.

April 3, 1937.

Attorney(s) appearing for the Case

Tom Whitaker, Pat Whitaker, Ralph A. Marsicano, and Alonzo B. McMullen, all of Tampa, Fla., for appellant.

Maynard Ramsey, K. I. McKay, and Howard Macfarlane, all of Tampa, Fla., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

On a bill by the Texas Company to enjoin the City of Tampa from enforcing two city ordinances which barred the erection and operation of a filling station upon a lot which Texas Company had bought after getting from the city a permit to build it there, a preliminary injunction was granted. The city appeals under 28 U.S. C.A. § 227.

There was a motion to dismiss the bill, but no answer, and no evidence was heard. The case, therefore...

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