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CITY OF EL PASO v. WEST

No. 8859.

102 F.2d 927 (1939)

CITY OF EL PASO v. WEST et al.

Circuit Court of Appeals, Fifth Circuit.

April 6, 1939.

Attorney(s) appearing for the Case

Ernest Guinn, Joseph G. Bennis, and Coyne Milstead, all of El Paso, Tex., for appellant.

Eugene R. Smith and Maury Kemp, both of El Paso, Tex., and Robert G. Bosworth, of Denver, Colo., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The facts are in no substantial dispute. The City of El Paso and the property owners on certain of its streets wished to pave the streets. Bonds could have been issued by the City, or by a special improvement district, if authorized by an election therein, but under the Texas Constitution no debt could be created without having laid a tax to pay it. Vernon's Ann.St.Tex. Const. art. 11, § 5. Instead of following any of these plans, by virtue...

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