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BROWN-CRUMMER INV. CO. v. CITY OF PURCELL, OKL.

Nos. 2366, 2416.

128 F.2d 400 (1942)

BROWN-CRUMMER INV. CO. v. CITY OF PURCELL, OKL., et al. BELL v. BROWN-CRUMMER INV. CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 24, 1942.

Attorney(s) appearing for the Case

Solon W. Smith, of Oklahoma City, Okl. (James G. Martin and J. H. Fugate, both of Wichita, Kan., and James S. Twyford and William J. Crowe, both of Oklahoma City, Okl., on the brief), for appellant Brown-Crummer Inv. Co.

Geo. Bingaman, of Purcell, Okl., for appellee J. E. Bell.

Roy Glasco, of Purcell, Okl., for appellee City of Purcell, Okl., and another.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

By appropriate ordinances and resolutions, the City of Purcell, Oklahoma, levied assessments for street improvement against certain described lots and tracts in improvement district Number 2, and issued street improvement or paving bonds. The ordinance levying the assessments was dated January 17, 1923, and provided that the assessments should be payable in ten equal annual installments, the first on September 1, 1923, and the last on September...

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