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OWENSBORO v. OWENSBORO WATER WORKS CO.

No. 79.

243 U.S. 166 (1917)

37 S.Ct. 322

61 L.Ed. 650

OWENSBORO, KENTUCKY, v. OWENSBORO WATER WORKS COMPANY OF OWENSBORO, KENTUCKY.

Supreme Court of United States.

Decided March 6, 1917.

Attorney(s) appearing for the Case

Mr. George W. Jolly and Mr. Ben D. Ringo, with whom Mr. John A. Dean, Jr., and Mr. La Vega Clements were on the briefs, for appellant.

Mr. William T. Ellis, with whom Mr. James J. Sweeney was on the brief, for appellee.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This is a suit to enjoin the City of Owensboro, in the State of Kentucky, from obstructing and preventing the maintenance and operation of an existing water works plant in that city. The plaintiff relies upon a franchise from the city which the latter insists has expired. In the District Court the franchise was held to be still in force and the city was enjoined from giving effect to an ordinance and a resolution...

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