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McMILLAN CO. v. ABERNATHY

Nos. 167 and 168.

263 U.S. 438 (1924)

44 S.Ct. 200

68 L.Ed. 378

McMILLAN CONTRACTING COMPANY ET AL. v. ABERNATHY ET AL. McMILLAN CONTRACTING COMPANY ET AL. v. HAGERMAN.

Supreme Court of United States.

Decided January 7, 1924.

Attorney(s) appearing for the Case

Mr. Justin D. Bowersock and Mr. Arthur Miller, for appellants, in support of the motions to remand and in opposition to the motions to dismiss. Mr. Samuel J. McCulloch, Mr. Frank P. Barker, Mr. G.V. Head and Mr. Hunter M. Meriwether were also on the briefs.

Mr. O.H. Dean, Mr. H.M. Langworthy, Mr. Roy B. Thomson and Mr. Melville W. Borders, for appellees in No. 167, in support of the motion to dismiss and in opposition to the motion to remand.

Mr. Albert S. Marley, for appellee in No. 168, in support of the motion to dismiss and in opposition to the motion to remand.

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

These were two bills in equity in the United States District Court brought by citizens of Missouri to enjoin citizens of the same State from proceeding to collect special assessments, of the necessary jurisdictional amount in each case, against complainants' lands in Kansas City for a public improvement, on the ground that the city charter and laws under which the assessments were levied were in conflict with...

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