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GUARANTY TRUST CO. v. WEST VIRGINIA TURNPIKE COM'N

No. 1331.

109 F.Supp. 286 (1952)

GUARANTY TRUST CO. OF NEW YORK v. WEST VIRGINIA TURNPIKE COMMISSION.

United States District Court S. D. West Virginia, Charleston Division.

November 14, 1952.

Attorney(s) appearing for the Case

Jackson, Kelly, Morrison & Moxley, Robert G. Kelly and Thomas B. Jackson, all of Charleston, W. Va., Davis, Polk, Wardwell, Sunderland & Kiendl and Theodore Kiendl, all of New York City, for plaintiff.

Lee M. Kenna, General Counsel, Spilman, Thomas & Battle, Robert S. Spilman and Hawthorne D. Battle, Special Counsel, all of Charleston, W. Va., and Mitchell & Pershing and John Pershing, all of New York City, for defendant West Virginia Turnpike Commission.

John G. Fox, Atty. Gen., State of West Virginia, pro se.

MOORE, Chief Judge.

Plaintiff brings this action under the provisions of U.S.C., Title 28 §§ 2201 and 2202, the Declaratory Judgment Act, seeking a declaration of the rights of the parties with respect to certain turnpike projects and the revenue bonds issued and sold in connection therewith; the Attorney General of West Virginia having rendered an official opinion that the Turnpike Commission exceeded its statutory powers in authorizing the projects; and...

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