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WATER, LIGHT & GAS CO. v. HUTCHINSON

Nos. 53, 54.

207 U.S. 385 (1907)

28 S.Ct. 135

52 L.Ed. 257

WATER, LIGHT AND GAS COMPANY OF HUTCHINSON v. THE CITY OF HUTCHINSON, KANSAS. SAME v. SAME.

Supreme Court of United States.

Decided December 23, 1907.

Attorney(s) appearing for the Case

Mr. John F. Dillon and Mr. Frank Doster, with whom Mr. Harry Hubbard, Mr. Houston Whiteside and Mr. Howard S. Lewis were on the brief, for appellant.

Mr. Max Pam, Mr. C.M. Williams and Mr. A.C. Malloy, with whom Mr. F.F. Prigg was on the brief, for appellees.

MR. JUSTICE McKENNA, after making the foregoing statement, delivered the opinion of the court.

The Circuit Court assumed that Ordinance No. 402 was in terms exclusive and was intended to be made so by the city. We shall assume the same thing. Indeed, it would be impossible to decide otherwise. It recites that the Hutchinson Water, Light and Power Company "is the owner of certain exclusive franchises and contracts with the city of Hutchinson," under which it has expended...

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