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WHITAKER & CO. v. SEWER IMPROVEMENT DISTRICT NO. 1

No. 5-1644.

318 S.W.2d 831 (1958)

WHITAKER AND COMPANY et al., Appellants, v. SEWER IMPROVEMENT DISTRICT NO. 1 OF DARDANELLE, Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 12, 1959.

Attorney(s) appearing for the Case

Spitzberg, Bonner, Mitchell & Hays and S. L. White, Little Rock, for appellant.

Williams & Gardner, Russellville, for appellee.

Goodier & Parsley, Dardanelle, amici curiae.

McFADDIN, Justice.

This appeal involves matters of Sewer Improvement District No. 1 of the City of Dardanelle, Arkansas (hereinafter called "District"), occurring at various times from 1936 up to the present. A chronological statement, though lengthy, may serve to an understanding of the points presented on this appeal.

1. The District was organized in 1917 under the Municipal Improvement District Statutes then in effect (see § 20-101 et seq., Ark.Stats...

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