From Casetext: Smarter Legal Research

Gilmore Pittsburgh R.R. Co. v. St. of Idaho

Circuit Court of Appeals, Ninth Circuit
Jul 1, 1940
113 F.2d 937 (9th Cir. 1940)

Opinion

No. 9275.

July 1, 1940.

Appeal from the District Court of the United States for the District of Idaho, Eastern Division.

L.B. daPonte and M.L. Countryman, Jr., both of St. Paul, Minn., for appellants.

J.W. Taylor, Atty. Gen., and D.W. Thomas, Asst. Atty. Gen., of Idaho, and T.D. Jones, of Pocatello, Idaho, for appellees.

Before GARRECHT, DENMAN, and MATHEWS, Circuit Judges.


Upon consideration of motion of appellants, for reversal of the decree of the District Court herein, and remand of the cause to said District Court, and appellees not objecting thereto, and good cause therefor appearing, it is ordered that the decree of the District Court herein be reversed and that this cause be remanded to the said District Court for entry of a decree dismissing the bill of complaint, without prejudice, that a decree be filed and entered accordingly, and that the mandate of this court in this cause issue forthwith.


Summaries of

Gilmore Pittsburgh R.R. Co. v. St. of Idaho

Circuit Court of Appeals, Ninth Circuit
Jul 1, 1940
113 F.2d 937 (9th Cir. 1940)
Case details for

Gilmore Pittsburgh R.R. Co. v. St. of Idaho

Case Details

Full title:The GILMORE PITTSBURGH R.R. CO. et al., Appellants, v. STATE OF IDAHO, on…

Court:Circuit Court of Appeals, Ninth Circuit

Date published: Jul 1, 1940

Citations

113 F.2d 937 (9th Cir. 1940)

Citing Cases

Stinchcomb v. Oklahoma City

"The reason for this is that it may be months or even years after the location of the line before the company…

Ark. State Hwy. Comm. v. Dean

"The reason for this is that it may be months or even years after the location of the line before the company…