Gray v. Town of Thermopolis

KENNEDY, District Judge.

This is a sort of companion case to No. 2502, 33 F.Supp. 73, this day decided, except as it may vary as to the facts involved. Here the plaintiff sues to recover the sum of $4,721.37 on account of an alleged illegal diversion of funds in a different local improvement district of Thermopolis, to wit: Thermopolis Paving District No. 5. Issues were joined and the case went to trial to the court without the intervention of a jury by stipulation. The pertinent facts are that the Town of Thermopolis regularly constituted said paving district and fixed assessments upon the…