Legal Opinion

City of San Diego v. Atchison, Topeka & Santa Fé Ry. Co.

Court of Appeals for the Ninth Circuit

Decided November 10, 1930No. 6106PublishedCited by 8 opinions

1Opinion of the Court

RUDKIN, Circuit Judge.

Upon the original submission of this ease an opinion was prepared by Judge DIE.TRICH, but after his death the ease was restored to the calendar for reargument and has been resubmitted to the court by stipulation of the parties. Upon full consideration the opinion of Judge DIETRICH, which follows, is adopted as the opinion of the court.

“By the decree below the appellant is enjoined from enforcing an assessment-made by •its officers upon property constituting a portion of appellee’s terminal facilities in the city of San Diego, to cover the expense, in part, of opening a…

2Cases cited13 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Spring Street Co. v. City of Los AngelesCalifornia Supreme Court · 1915
  3. Southern Pacific Railroad v. San Francisco Savings UnionCalifornia Supreme Court · 1905
  4. Federal Construction Co. v. EnsignCalifornia Court of Appeal · 1922
  5. City of Oakland v. SchenckCalifornia Supreme Court · 1925

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3Cited by8 opinions

  1. Mayflower Hotel Stockholders Protective Committee v. Mayflower Hotel Corp.Court of Appeals for the D.C. Circuit · 1951
  2. Pacific Gas & Electric Co. v. Sacramento Municipal Utility Dist.Court of Appeals for the Ninth Circuit · 1937
  3. Wiget v. City of St. LouisSupreme Court of Missouri · 1935
  4. Wabash Ry. Co. v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1933
  5. State Ex Rel. Londerholm v. City of TopekaSupreme Court of Kansas · 1968

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