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FOUNTAIN CITY SAN. DIST. v. KNOX COUNTY ELEC. COM'N

308 S.W.2d 482 (1957)

FOUNTAIN CITY SANITARY DISTRICT et al. v. The KNOX COUNTY ELECTION COMMISSION et al.

Supreme Court of Tennessee.

December 6, 1957.

Attorney(s) appearing for the Case

Earl S. Ailor, Knoxville, for Knox County Election Commission.

Privette & Morton, Knoxville, for certain individuals.

George F. McCanless, Attorney General, and Allison B. Humphreys, Solicitor General, for appellants, Knox County, etc.

Fowler, Rowntree & Fowler, Knoxville, for appellees, Fountain City, etc.

TOMLINSON, Justice.

The question presented here in a proper proceedings under the declaratory judgment statute is whether Chapter 320 of the Private Acts of 1957 is a constitutional enactment. It is in this Court on appeal from a decree of the Chancellor so adjudging.

Fountain City is a section of Knox County one and a half miles north of Knoxville. Within its boundaries there dwell some 35,000 people. Its soil does not satisfactorily absorb waste material...

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