Palermo Land & Water Co. v. Railroad Commission
District Court, N.D. California
In Equity. Suit, by the Palermo Land & Water Company against the Railroad Commission of the State of California and others. On motion to dismiss bill.
1Opinion of the Court
VAN FLEET, District Judge.
The bill seeks a final decree avoiding an order of the defendant Commission, made in the exercise of power conferred by the Public Utilities Act of the state (Stats, of Cal. [Ex. Sess.] 1911, p. 18), fixing plaintiff’s water rates, on the ground that such rates are confiscatory and will take plaintiff’s prop-' erty without due process of law; and it asks for an injunction enjoining enforcement of the order pendente lite. The defendant has moved to dismiss the bill on the ground that the action is prematurely brought.
Section 66 of the Public Utilities Act provides…
2Cases cited1 opinion
- DET. & MACKINAC RY. CO. v. Mich. RR Comm.Supreme Court of the United States · 1914
3Cited by13 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Prendergast v. New York Telephone Co.Supreme Court of the United States · 1923
- Alexander v. State Personnel Bd. of Cal.California Supreme Court · 1943
- McAlester Gas & Coke Co. v. Corporation CommissionSupreme Court of Oklahoma · 1924
- Oklahoma Public Welfare Commission v. State Ex Rel. ThompsonSupreme Court of Oklahoma · 1940
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