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CITY OF FORT WORTH v. UNITED STATES

No. 13323.

185 F.2d 397 (1950)

CITY OF FORT WORTH v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

December 6, 1950.

Attorney(s) appearing for the Case

R. E. Rouer, Heard L. Floore, Fort Worth, Tex., for appellant.

John C. Harrington, Atty., Dept. of Justice, Washington, D. C., A. Devitt Vanech, Asst. Atty. Gen., J. Edward Williams, Acting Asst. Atty. Gen., John F. Cotter, Roger P. Marquis, and Wilma C. Martin, Attys. Dept. of Justice, all of Washington, D. C., Frank B. Potter, U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from an order granting an interlocutory injunction against the City of Fort Worth, restraining it from refusing to receive sewage from the sewerage systems of the cities of River Oaks and White Settlements, and from prosecuting two certain suits now pending in the 17th District Court of Tarrant County, Texas. We think the injunction was wrongfully sued out and should be dissolved.

There is no imminent threat or present...

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