Court of Appeals for the Fifth Circuit March 7, 1930, 5546 (West Texas Utilities Co. v. City of Spur)

WALKER, Circuit Judge.

On the 25th day of October, 1928, the city of Spur, a Texas municipal corporation, which we shall call the city, by its board of commissioners, adopted an ordinance which provided “that it shall be unlawful for any firm, corporation, or persons, to conduct and to operate any public utility plant, such as telephone, gas, waterworks, electrie light, or any other utility