GENERAL INVESTMENT & SERVICE CORPORATION, Inc., individually and on behalf of all other customers of the Wichita Water Company who are required to pay a surcharge for water purchased from the Wichita Water Company, Appellants,
v.
The WICHITA WATER COMPANY and The City of Wichita, Kansas, Appellees.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
August 23, 1956.
August 23, 1956.
Attorney(s) appearing for the Case
Kenneth G. Speir, Newton, Kan. (Vernon A. Stroberg, and Herbert H. Sizemore, Newton, Kan., were with him on the brief), for appellant.
Robert B. Morton, Wichita, Kan. (Fred W. Aley and Paul J. Donaldson, Wichita, Kan., were with him on the brief), for City of Wichita, Kansas, appellee.
George Stallwitz, Wichita, Kan. (W. F. Lilleston and Henry V. Gott, Wichita, Kan., were with him on the brief), for Wichita Water Co., appellee.
Before HUXMAN, MURRAH and PICKETT, Circuit Judges.
United States Court of Appeals Tenth Circuit.
HUXMAN, Circuit Judge.
This was an action brought by General Investment and Service Company, Inc.,1 for itself and all other customers similarly situated against the Wichita Water Company,2 a Delaware Corporation, for a declaratory judgment and for an injunction. In its complaint it alleged that a surcharge which the Water Company was adding to its water rate and was collecting for the City of Wichita, Kansas...
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