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TOWN OF SOUTH TUCSON v. TUCSON GAS, ELECTRIC LIGHT & POW. CO.

No. 10921.

149 F.2d 847 (1945)

TOWN OF SOUTH TUCSON v. TUCSON GAS, ELECTRIC LIGHT & POWER CO.

Circuit Court of Appeals, Ninth Circuit.

June 12, 1945.

Attorney(s) appearing for the Case

Harry O. Juliani, of Phoenix, Ariz., and Stover & Martin, of Tucson, Ariz., for appellant.

Darnell & Robertson, George R. Darnell, and Lawrence V. Robertson, all of Tucson, Ariz., for appellee.

Before DENMAN, HEALY, and BONE, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a final judgment of dismissal by appellant, an Arizona municipal corporation, located within Pima County, Arizona, hereinafter called the Town, seeking the exercise of the court's jurisdiction to condemn all of the properties of the appellee, a corporation of the State of Colorado, hereinafter called the Power Company.

The Town filed its complaint in the Superior Court of the State of Arizona, in and for the County...

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