v0850-463

No. 2345

UNITED STATES CIRCUIT COURT

OF APPEALS

FOR THE NINTH CIRCUIT

JAMES A. MURRAY, DOING BUSINESS UNDER THE

NAME AND STYLE OF THE POCATELLO

WATER COMPANY, APPELLANT,

vs.

THE CITY OF POCATELLO, A MUNICIPAL CORPO-

RATION, APPELLEE.

APPELLANT'S BRIEF

STATEMENT.

This is a suit to cancel and annul ordinance No. 86 of the

City of Pocatello, entitled as follows :

"An ordinance confirming and continuing certain

privileges and franchises formerly granted to F. D.

Toms, John J. Cusick and James A. Murray, to and in

James A. Murray, the legal successor of said parties,

making a contract by the City of Pocatello with James

1. Murray, for supplying said city with water for pub-

lic and private use; fixing the rates to be charged for

said water; providing a means of ascertaining the value

of said water system, as a basis of readjusting rates in

the future, or in the event of a sale; and waiving the

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