Des Moines Water Co. v. City of Des Moines
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. Suit in equity by the Des Moines Water Company against the City of Des Moines- and others. Decree for defendants, and complainant appeals.
1Opinion of the Court
WILLARD, District Judge.
The appellant, which was the plaintiff below, commenced this suit to secure a declaration that chaptér 45 of the Acts of the 33d General Assembly of the state of Iowa, as amended by chapter 35 of the Acts of the 34th General Assembly of *659Iowa, is unconstitutional. The court below sustained a demurrer to (he bill and dismissed it.
The law referred to authorizes a city to acquire by condemnation the waterworks located therein when “the contract of franchise of such utility has expired.” By the .terms of the law the city is required to present to the Supreme Court a…
2Cases cited12 opinions
- City and County of Denver v. New York Trust Co.Supreme Court of the United States · 1913
- Cross v. AllenSupreme Court of the United States · 1891
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
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3Cited by6 opinions
- In Re Disbarment of CloudSupreme Court of Iowa · 1933
- In re Mississippi River Power Co.District Court, S.D. Iowa · 1917
- Village Of Walthill v. Iowa Electric Light And Power CompanyCourt of Appeals for the First Circuit · 1956
- Chicago, R. I. & P. R. Co. v. KayDistrict Court, S.D. Iowa · 1952
- Village of Walthill v. Iowa Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1956
1 more not listed; retrieve them via the Exa API.