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WESTERN PUBLIC SERVICE CO. v. CITY OF MINATARE

No. 11212.

99 F.2d 844 (1938)

WESTERN PUBLIC SERVICE CO. v. CITY OF MINATARE et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 9, 1938.

Attorney(s) appearing for the Case

Daniel Stubbs, of Lincoln, Neb. (Clarence A. Davis and James N. Ackerman, both of Lincoln, Neb., on the brief), for appellant.

C. A. Sorensen, of Lincoln, Neb. (H. L. Kyle, of Lincoln, Neb., on the brief), for appellees.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

Appellant, a public utility corporation, engaged in the generation, transmission, and sale of electric energy, brought this suit in equity against appellees, the City of Minatare, a municipal corporation of Nebraska, the members of its City Council, and its clerk, seeking to enjoin appellees from constructing, maintaining or operating within the City of Minatare an electric light and power generating, transmission or distribution system, and...

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