Kansas City Gas Co. v. Kansas City
District Court, W.D. Missouri
In Equity. Suit by the Kansas City Gas Company against the City of Kansas City, Mo., Darius A. Brown, Mayor, John G. Park, City Counselor, Jay Lee, Assistant City Counselor, Jacob Harzfeld, E. E-Parker, and C. A. Sumner, Public Utility Commissioners of said Kansas City, and Clyde Taylor, counsel and attorney for said commissioners. On demurrer to bill and motion for preliminary injunction.
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In Equity. Suit by the Kansas City Gas Company against the City of Kansas City, Mo., Darius A. Brown, Mayor, John G. Park, City Counselor, Jay Lee, Assistant City Counselor, Jacob Harzfeld, E. E-Parker, and C. A. Sumner, Public Utility Commissioners of said Kansas City, and Clyde Taylor, counsel and attorney for said commissioners. On demurrer to bill and motion for preliminary injunction. By ordinance passed September 27, 1906, and approved September 27, 1906", the city of Kansas City authorized Hugh J. McGowan, Charles E. Small, and Randal Morgan, the survivors or survivor of them, and…
1Opinion of the CourtVan Vaekenburgh, District Judge
(after stating'the facts as above). [1] I. Complainant asserts that the amended ordinance of December 15, 1911, is unjust, unreasonable, oppressive, and void, in that it impairs the obligations of its ordinance-contract with the city and takes its property without due process of law. Complainant invokes section 10, article 1, of the Constitution of the United States and the fourteenth amendment thereof. The defendants contend that no constitutional- question is involved, and, there being no diversity of citizenship, that this court is without jurisdiction.
As has been frequently said, it is…
2Cases cited86 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Marbury v. MadisonSupreme Court of the United States · 1803
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Mugler v. KansasSupreme Court of the United States · 1887
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3Cited by8 opinions
- Draper v. Louisville Nashville Railroad Co.Supreme Court of Missouri · 1941
- Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
- Jewel Tea Co. v. Town of Bel AirCourt of Appeals of Maryland · 1937
- Jewel Tea Co. v. Lee's SummitDistrict Court, W.D. Missouri · 1912
- Silent Automatic Sales Corp. v. StaytonCourt of Appeals for the Eighth Circuit · 1930
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