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GREENWOOD COUNTY v. DUKE POWER CO.

No. 4466.

107 F.2d 484 (1939)

GREENWOOD COUNTY v. DUKE POWER CO. et al. DUKE POWER CO. v. GREENWOOD COUNTY et al.

Circuit Court of Appeals, Fourth Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

D. W. Robinson, Jr., of Columbia, S. C. (W. H. Nicholson, of Greenwood, S. C., and Jas. F. Dreher, of Columbia, S. C., on the brief), for appellant.

W. S. O'B. Robinson, Jr., of Charlotte, N. C. (W. B. McGuire, Jr., of Charlotte, N. C., and Haynsworth & Haynsworth, of Greenville, S. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order dismissing a petition filed by defendant Greenwood County after the suit of the plaintiff Duke Power Company had been dismissed and injunction orders therein granted had been dissolved. The petition asked restitution of profits alleged to have been lost by the county and received by the power company as a result of the injunctive orders and also recovery of damages under the $50,000 injunction bond given by the...

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