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MISSOURI PUBLIC SERVICE CORP. v. FAIRBANKS, MORSE & CO.

No. 10904.

95 F.2d 1 (1938)

MISSOURI PUBLIC SERVICE CORPORATION v. FAIRBANKS, MORSE & CO. et al.

Circuit Court of Appeals, Eighth Circuit.

March 7, 1938.

Attorney(s) appearing for the Case

D. C. Chastain and Cyrus Crane, both of Kansas City, Mo. (A. Z. Patterson, of Kansas City, Mo., on the brief), for appellant.

Harry J. Fair, of Trenton, Mo., and Robert B. Fizzell, of Kansas City, Mo. (Russell N. Pickett, of Trenton, Mo., Poppenhusen Johnston, Thompson & Raymond, of Chicago, Ill., and Bowersock, Fizzell & Rhodes, of Kansas City, Mo., on the brief), for appellees.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

The Missouri Public Service Corporation (organized under the laws of Delaware on November 20, 1936), the owner of an electric plant and distribution system in the city of Trenton, Missouri, and engaged in furnishing electricity to the inhabitants of that city under what it claims is a perpetual, but nonexclusive, franchise, brought this suit in equity to enjoin the city, its officers, and others, from...

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