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CITY OF NORWALK, OHIO v. EQUITABLE TRUST CO.

No. 6126.

63 F.2d 911 (1933)

CITY OF NORWALK, OHIO, v. EQUITABLE TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

March 17, 1933.

Attorney(s) appearing for the Case

G. Ray Craig, of Norwalk, Ohio, and W. A. Eversman, of Toledo, Ohio (Rex F. Bracy and E. G. Martin, both of Norwalk, Ohio, and H. C. Laughlin and Williams, Eversman & Morgan, all of Toledo, Ohio, on the brief), for appellant.

George D. Welles and E. F. Boxell, both of Toledo, Ohio (Milbank, Tweed, Hope & Webb, of New York City, and Tracy, Chapman & Welles, of Toledo, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

The Ohio Electric Power Company was engaged in furnishing electricity to the residents of the city of Norwalk, Ohio, for heating and lighting purposes. The city passed an ordinance March 23, 1926, directing the power company to remove its poles and wires from the city streets. Upon the refusal of the company to comply with the ordinance, the city caused quo warranto proceedings to be instituted against it in the Court of Appeals of Huron county...

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