Collins v. City of Phœnix

WILBUR, Circuit Judge.

This is an appeal from judgment of dismissal given upon a motion to dismiss the complaint for lack of sufficient facts to justify the relief prayed for. The appellant predicating jurisdiction upon a" diversity of citizenship brought this action in equity in the United States District Court for Arizona to enjoin the further improvement of First street between Yan Burén and McDonald Road in the eity of Phoenix, under proceedings thereto instituted by the city authorities of Phoenix by resolution No. 5065, and to enjoin the contractor to whom the performance of the street…