Legal Opinion

Fairbanks, Morse & Co. v. City of Wagoner

Court of Appeals for the Tenth Circuit

Decided November 10, 1936No. Nos. 1243, 1244PublishedCited by 7 opinions

1Opinion of the Court

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 with approval from Graham v. Childers, 114 Okl. 38, 241 P. 178, as follows:

“An examination of the Constitution and statutes shows…

2Cases cited39 opinions

  1. Ward v. Board of Commr's of Love Cty.Supreme Court of the United States · 1920
  2. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  3. Marsh v. Fulton CountySupreme Court of the United States · 1871
  4. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  5. Chapman v. County of DouglasSupreme Court of the United States · 1883

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3Cited by7 opinions

  1. Donovan v. Kansas CitySupreme Court of Missouri · 1943
  2. Interstate Power Co. v. Town of McGregorSupreme Court of Iowa · 1941
  3. Normandy Estates Metropolitan Recreation District v. Normandy Estates Ltd.Supreme Court of Colorado · 1976
  4. Hayward v. City of Corpus ChristiCourt of Appeals of Texas · 1946
  5. Wichita Finance & Thrift Company v. City of LawtonDistrict Court, W.D. Oklahoma · 1955

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