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MARROW v. CITY OF FERGUSON

No. 8335(2).

114 F.Supp. 755 (1953)

MARROW v. CITY OF FERGUSON et al.

United States District Court E. D. Missouri, E. D.

September 24, 1953.

Attorney(s) appearing for the Case

Green, Hennings, Henry & Evans, and Robert D. Evans, of St. Louis, Mo., for plaintiff.

Herbert E. Bryant, of St. Louis, Mo., for defendant and respondents.

HULEN, District Judge.

Defendant has appealed from an adverse judgment of $44,735 without bond. Plaintiff seeks an order in the nature of mandamus1 to compel defendant to levy a tax to pay the judgment of plaintiff, pending appeal. Execution against defendant has been returned unsatisfied.

The issue on application for the order raises a number of questions, some of first impression, which in our judgment are more serious than any...

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