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FAIRBANKS, MORSE & CO. v. CITY OF WAGONER

Nos. 1243, 1244.

86 F.2d 288 (1936)

FAIRBANKS, MORSE & CO. v. CITY OF WAGONER, OKL., et al. CITY OF WAGONER, OKL., v. FAIRBANKS, MORSE & CO.

Circuit Court of Appeals, Tenth Circuit.

November 10, 1936.

Attorney(s) appearing for the Case

Henry G. Snyder, of Oklahoma City, Okl., and Vincent L. Boisaubin, of St. Louis, Mo. (Snyder, Owen & Lybrand, of Oklahoma City, Okl., Jones, Hocker, Gladney & Jones, of St. Louis, Mo., and Poppenhusen, Johnston, Thompson & Cole, of Chicago, Ill., on the brief), for Fairbanks, Morse & Co.

Joseph C. Stone, of Muskogee, Okl. (John H. Scriba, of Wagoner, Okl., and D. H. Linebaugh, Charles A. Moon, and Francis Stewart, all of Muskogee, Okl., on the brief), for City of Wagoner.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

At the rehearing granted herein, counsel for the City presented the contention, not heretofore urged in this case, that the City was without authority to enter into a contract for the purchase of an electric power plant to be paid for out of the earnings thereof. In other words, that municipalities in Oklahoma are not authorized to enter into "special fund" contracts.

In Baker v. Carter, 165 Okl. 116, 25 P.2d 747, 756, the court quoted...

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