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CITY OF LAWTON, OKLAHOMA v. CHAPMAN

No. 5760.

257 F.2d 601 (1958)

The CITY OF LAWTON, OKLAHOMA; and Charles M. Miller, City Health Officer for the City of Lawton, Oklahoma, Appellants, v. N. S. CHAPMAN, d/b/a Chapman Dairy, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 4, 1958.

Attorney(s) appearing for the Case

Warren F. Crisman, Lawton, Okl., for appellants.

Lee Humphrey, Wichita Falls, Tex., (Cund, Garvin & Baucum, Duncan, Okl., and Bullington, Humphrey, Humphrey & Fillmore, Wichita Falls, Tex., on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

The United States District Court for the Western District of Oklahoma, asserting diversity jurisdiction for the requisite amount, has permanently enjoined the City of Lawton, Oklahoma, its officers and agents, from interfering with the sale and distribution of milk by the Chapman Dairy within the corporate limits of Lawton. The City of Lawton appeals such order contending that the dairy operator, plaintiff...

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