San Francisco Shopping News Co. v. City of South San Francisco

SAWTELLE, Circuit Judge.

Since the present appeal is from a decree dismissing the appellant’s amended bill in equity, on motion of the appellees, we shall set forth in some detail the allegations of the bill. While it is true that, for the purpose of this case, all well-pleaded allegations of the bill are to be taken as true, as we proceed in our examination of that document we will point out certain averments that, in our opinion, are not statements of faets, but mere conclusions. As will be seen, however, our views as to such averments have not been controlling in our determinar tion of the…