Southern Bell Telephone & Telegraph Co. v. City of Birmingham
District Court, N.D. Alabama
In Equity. Suit by the Southern Bell Telephone & Telegraph Company against the City of Birmingham, Ala., and others. On motion for preliminary injunction.
1Opinion of the Court
GRUBB, District Judge.
This is a bill filed by the plaintiff to restrain the enforcement of an ordinance of the city of Birmingham, and to have it declared null and void and a cloud on the plaintiff’s title to its franchise to collect tolls from its subscribers. The parties defendant are the city, in its corporate capacity, the three commissioners, in their official capacity, and also individually, as representing.the class of subscribers to plaintiff’s service who are or will be affected by the increase of rates, who are made parties, under the authority of Equity Rule 38 (198 Fed. xxix). A…
2Cases cited23 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- City of Dawson v. Columbia Avenue Saving Fund, Safe Deposit, Title & Trust Co.Supreme Court of the United States · 1905
- Davis & Farnum Manufacturing Co. v. Los AngelesSupreme Court of the United States · 1903
- Waite v. Santa CruzSupreme Court of the United States · 1902
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3Cited by1 opinion
- Schwartz v. Wayne Circuit JudgeMichigan Supreme Court · 1922