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JOHNESS INVESTMENTS, v. CITY OF NEW ORLEANS

No. 12512.

170 F.2d 143 (1948)

JOHNESS INVESTMENTS, Inc. v. CITY OF NEW ORLEANS.

United States Court of Appeals Fifth Circuit.

October 25, 1948.

Attorney(s) appearing for the Case

John M. Culver, of New Orleans, La., for appellant.

David M. Wood, of New York City, and Henry G. McCall, City Atty., and Henry B. Curtis, Asst. City Atty., both of New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and SIBLEY and WALLER, Circuit Judges.

PER CURIAM.

Complaining of a contract known as the terminal agreement which the City of New Orleans signed with ten passenger railroads and the Public Belt Railroad Commission, plaintiff filed a declaratory action to declare the contract null and void. The claim was "the Terminal Agreement is violative of the 14th Amendment to the United States Constitution" in that it "encroaches upon certain rights and privileges securing bonds owned by it".

The district...

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