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CITY OF PICAYUNE v. MISSISSIPPI POWER CO.

No. 13705.

197 F.2d 444 (1952)

CITY OF PICAYUNE v. MISSISSIPPI POWER CO.

United States Court of Appeals Fifth Circuit.

June 18, 1952.

Attorney(s) appearing for the Case

R. W. Thompson, Jr., Gulfport, Miss., Grayson B. Keaton, Picayune, Miss., for appellant.

R. E. Wilbourn, Meridian, Miss., James S. Eaton, Gulfport, Miss., for appellee.

Before HOLMES, STRUM, and RIVES, Circuit Judges.

STRUM, Circuit Judge.

The City of Picayune, Mississippi, here undertakes to annul a franchise granted by it to the defendant Power Company by ordinance enacted May 13, 1947, thus presenting the interesting phenomenon of a city assailing the validity of its own ordinance. Summary judgment was rendered below for the Power Company, from which the plaintiff City appeals.

On June 1, 1928, the City granted the Power Company a franchise to operate an electric power...

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