City of Des Moines v. Des Moines Gas Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; Martin J. Wade, Judge. Suit by the Des Moines Gas Company against the City of Des Moines, iowa, and others. From an order refusing to dissolve a temporary injunction, defendants appeal.
1Opinion of the Court
IIOOK, Circuit Judge.
This is an appeal by the city of Des Moines from an order refusing to dissolve a temporary injunction restraining the enforcement of an ordinance fixing a gas rate, upon the ground that it was confiscatory and therefore unconstitutional. The injunction was granted upon a reinstatement of the suit of Des Moines Gas Co. v. City of Des Moines (D. C.) 199 Fed. 204; Id., 238 U. S. 153, 35 Sup. Ct. 811, 59 L. Ed. 1244. The suit was begun by the company in 1910. In 1912, upon proofs and the report of a master, the trial court dismissed it “with prejudice,” and with further…
2Cases cited6 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of the United States · 1915
- New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1910
- Calhoun v. City of SeattleDistrict Court, W.D. Washington · 1914
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3Cited by5 opinions
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- King Manufacturing Co. v. City Council of AugustaSupreme Court of the United States · 1928