CONTINENTAL ILLINOIS NAT. BANK & TRUST CO. OF CHICAGO et al.
v.
CITY OF MIDDLESBORO, KY.
Circuit Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
January 11, 1940.
Rehearing Denied February 16, 1940.
Attorney(s) appearing for the Case
Squire Ogden, of Louisville, Ky. (T. M. Galphin, Jr., and Squire R. Ogden, both of Louisville, Ky., Stoll, Muir, Townsend & Park, of Lexington, Ky., and Gordon, Laurent, Ogden & Galphin, of Louisville, Ky., on the brief), for appellants.
A. Shelby Winstead, of Louisville, Ky. (Woodward, Dawson & Hobson and A. Shelby Winstead, all of Louisville, Ky., H. F. White, of Middlesboro, Ky., and Henry L. Bryant, of Pineville, Ky., on the brief), for appellee.
Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.
Circuit Court of Appeals, Sixth Circuit.
ALLEN, Circuit Judge.
This appeal is from a decree of the District Court dismissing a bill in equity filed by the trustees under a mortgage and deed of trust executed by the Kentucky Utilities Company, a private corporation operating in Middlesboro, Kentucky. The bill prays for a perpetual injunction against the city, restraining it from taking any action requiring Kentucky Utilities to remove its poles, wires and equipment...
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