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KANSAS POWER CO. v. CITY OF HOISINGTON, KAN.

No. 1465.

89 F.2d 358 (1937)

KANSAS POWER CO. v. CITY OF HOISINGTON, KAN., et al.

Circuit Court of Appeals, Tenth Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

LaRue Royce, of Salina, Kan. (C. W. Burch, B. I. Litowich, L. E. Clevenger, and E. S. Hampton, all of Salina, Kan., on the brief), for appellant.

Robert B. Fizzell, of Kansas City, Mo. (Bowersock, Fizzell & Rhodes, of Kansas City, Mo., on the brief), for appellees.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

LEWIS, Circuit Judge.

Appellant, a Kansas corporation, instituted this suit December 24, 1935, against the City of Hoisington, Kansas, a municipality of the second class, and its Mayor and Board of Commissioners to restrain and enjoin them from erecting and thereafter maintaining and operating an electrical generating plant and distribution system to serve its needs and that of its inhabitants and from issuing the city's bonds for that purpose. It made the Reconstruction...

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