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MOSHER V. CITY OF PHOENIX, 287 U. S. 29 (1932)

U.S. Supreme Court

Mosher v. City of Phoenix, 287 U.S. 29 (1932)

Mosher v. City of Phoenix

Nos. 6 and 7

Argued October 17, 1932

Decided November 7, 1932

287 U.S. 29


1. Jurisdiction of the District Court upon the ground of federal question is determined by the allegations of the bill, and not by the way the facts turn out or by a decision of the merits. P. 287 U. S. 30.

2. Where a bill complaining of the attempted appropriation of plaintiff's land by a city as part of a street alleges that the city's action is without authority from the state law, but goes on to say that, under color of state authority, the city is attempting to take and appropriate the use of plaintiff's property and deprive him thereof without compensation or condemnation proceedings, and without due process of law, in violation of the Fourteenth Amendment, a substantial federal question is presented. P. 287 U. S. 32.

54 F.2d 777, 778, reversed.

Certiorari, 2815 U.S. 535, to review affirmances of two decrees of the District Court dismissing bills by which the

Page 287 U. S. 30

plaintiff sought to enjoin the city from appropriating land as part of a street.

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