East Ohio Gas Co. v. City of Cleveland

WEST, District Judge.

For several years gas rates fixed by city ordinance, approximating 57‡ per M. c. f., have prevailed in Cleveland. The ordinance *966expired June 1, 1936. ' Unsuccessful negotiations for new rates continued through the remainder of that year, and four short term or stop-gap ordinances were passed, each of which named the same rates averaging 57 cents. The last of these, #105,897, was adopted February 15, 1937 to expire July 1, 1937. • On May 4 plaintiff filed its bill to enjoin enforcement of this ordinance on the ground that its average rate is confiscatory and that operation…