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CITY OF ERLANGER v. BERKEMEYER

No. 11656.

207 F.2d 832 (1953)

CITY OF ERLANGER v. BERKEMEYER et al.

United States Court of Appeals Sixth Circuit.

Rehearing Denied September 15, 1953.

Attorney(s) appearing for the Case

Ralph P. Rich, Covington, Ky., and Ervin L. Bramlage, Cincinnati, Ohio, on the brief, for appellant.

Peck, Shaffer & Williams, Per Frank H. Shaffer, Jr., John Colville Taylor and Walter E. Beckjord, Cincinnati, Ohio, on the brief, for appellee, Weil, Roth & Irving.

William J. Deupree and William J. Deupree, Jr., Covington, Ky., on the brief, for appellee, John D. Exterkamp.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

MILLER, Circuit Judge.

This action was brought by the appellee, Raymond J. Berkemeyer, to enforce collection of past due principal and interest, of certain sewer revenue bonds alleged to have been issued by the appellant, City of Erlanger, payment of which had been refused. The appellee, John D. Exterkamp, intervened as the holder of certain bonds of the same issue. Appellant contended that the bonds had not been legally issued. The District Court upheld the validity...

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