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PEOPLE'S WATER & GAS CO. v. CITY OF VANCOUVER

No. 9159.

106 F.2d 909 (1939)

PEOPLE'S WATER & GAS CO. v. CITY OF VANCOUVER.

Circuit Court of Appeals, Ninth Circuit.

October 26, 1939.

Attorney(s) appearing for the Case

Charles A. Hart, of Portland, Or. (Hayden, Metzger & Blair, of Tacoma, Wash., and Carey, Hart, Spencer & McCulloch, of Portland, Or., of counsel), for appellant.

D. Elwood Caples, of Vancouver, Wash., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

This cause was brought to obtain a declaratory judgment construing a provision in a contract.

Appellant was the owner of a water distributing system serving the inhabitants of the City of Vancouver. The city agreed to acquire the system by contract dated October 31, 1936, which provided with respect to taxes: "On transfer of the water system to the City, all taxes, assessments, insurance, rents...

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