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· 6/27/1904

Armour Packing Co. v. Metropolitan Water Co.

Citations

  • 130 F. 851
  • 65 C.C.A. 335
  • 1904 U.S. App. LEXIS 4234

Syllabus

<p>1. Municipal Corpobations — Water Franchise — Ordinances—Contracts.</p> <p>A city ordinance granting a corporation a franchise to operate waterworks in the city on conditions specified, after having been accepted by the corporation, constitutes a contract between the corporation and the city.</p> <p>2. Same — Construction.</p> <p>Where a municipal ordinance granting a corporation a water franchise provided that the water rates to consumers should not exceed the rates given to the citizens of an adjoining city, to which the corporation also furnished water under a similar franchise, such provision should be construed to relate only to prices charged by such corporation, and did not include prices charged by such adjoining city after it had exercised its statutory right to purchase the corporation’s water plant therein and operate the same as a municipal department.</p>

Judges: Acheson

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