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CITY OF DES MOINES v. CONTINENTAL ILLINOIS NAT. B. & T. CO.

No. 14771.

205 F.2d 729 (1953)

CITY OF DES MOINES, IOWA et al. v. CONTINENTAL ILLINOIS NAT. BANK & TRUST CO. OF CHICAGO et al.

United States Court of Appeals Eighth Circuit.

July 2, 1953.

Attorney(s) appearing for the Case

Allan A. Herrick and Herschel G. Langdon, Des Moines, Iowa (John A. Blanchard, Corporation Counsel, Des Moines, Iowa, on the brief), for appellants.

H. A. Steele, Des Moines, Iowa (Rex H. Fowler and W. Z. Proctor, Des Moines, Iowa, on the brief), for appellees Continental Illinois National Bank & Trust Co. of Chicago and E. B. Stofft, Trustees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from an order granting a preliminary injunction to prevent the threatened forfeiture of the franchise granted by the City of Des Moines, Iowa, to the Des Moines Railway Company, which is now in the hands of operating receivers pending foreclosure of the mortgage securing its bonded indebtedness.

The Des Moines Railway Company, until receivers were appointed, maintained and operated the street transportation system...

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