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ARMOUR & CO. V. DALLAS, 255 U. S. 280 (1921)

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U.S. Supreme Court

Armour & Co. v. Dallas, 255 U.S. 280 (1921)

Armour & Co. v. City of Dallas

No. 149

Argued January 18, 1921

Decided February 28, 1921

255 U.S. 280

Syllabus

1. Where a city and a railway company agreed for the removal of the railway's main tracks from a busy street to another location to promote the public safety and convenience and the operation of the railway, and owners of abutting property alleged that the change, by depriving them of their switch connection, would largely destroy the value of their expensive plant, in violation of their constitutional rights of contract and property, held that the case was not one for chanroblesvirtualawlibrary

Page 255 U. S. 281

relief by injunction, and that the plaintiffs had a full and complete remedy in an action at law for damages. P. 255 U. S. 286.

2. The district court should not enjoin the performance of a city's contract as void under the city charter where the same question is involved in a taxpayer's suit, instituted in the state court by the same parties and still pending, in which a temporary injunction had been granted and is still in force. P. 255 U. S. 286.

Affirmed.

This was a direct appeal from a decree of the district court which dismissed, upon the merits, a bill brought by the appellants to enjoin, upon constitutional grounds, the removal of certain railway tracks in the City of Dallas. The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 255 U. S. 282





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