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CITY OF FLINT v. CONSUMERS POWER CO.

Nos. 933, 934.

11 F.Supp. 399 (1935)

CITY OF FLINT v. CONSUMERS POWER CO.

District Court, E. D. Michigan, N. D.

July 8, 1935.

Attorney(s) appearing for the Case

Frank G. Millard, of Flint, Mich., for plaintiff.

W. D. Kline and N. B. Kelly, both of Jackson, Mich., for defendant.

Justin R. Whiting, of New York City (Brownell & Gault, of Flint, Mich., of counsel), for defendant.

TUTTLE, District Judge.

These two cases are before the court on motions by defendant to transfer the cases to the equity side of the court. So far as the questions here presented are concerned, the situation is identical in the two cases. The declaration in one case seeks to recover penalties at the rate of $300 per day for failure to secure a license under a certain ordinance regulating the supplying of electricity in the city of Flint. The ordinance provides for...

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