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SELSER v. CITY OF STUART

No. 10464.

135 F.2d 211 (1943)

SELSER et al. v. CITY OF STUART et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 31, 1943.

Attorney(s) appearing for the Case

Carroll Dunscombe, of Stuart, Fla., for appellants.

Michael G. Littman, of Stuart, Fla., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit against the City of Stuart and one Cook, sued as representative of the City's bondholders as a class, was brought for a declaratory judgment that the City of Stuart was without authority to assess and to levy and collect taxes on, described properties of plaintiffs to pay its bonded indebtedness. Alleging that the city had petitioned for and filed in the Bankruptcy Court a plan for the composition of its indebtedness and that it...

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