City of Owensboro v. Cumberland Telephone & Telegraph Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Kentucky. Suit in equity by the Cumberland Telephone & Telegraph Company against the City of Owensboro. Defendant appeals from an order granting a preliminary injunction. The following is the opinion of Evans, District Judge: The complainant was incorporated in 1883 under the laws of Kentucky, and by its charter was authorized to carry on a telephone business.
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Appeal from the Circuit Court of the United States for the Western District of Kentucky. Suit in equity by the Cumberland Telephone & Telegraph Company against the City of Owensboro. Defendant appeals from an order granting a preliminary injunction. The following is the opinion of Evans, District Judge: The complainant was incorporated in 1883 under the laws of Kentucky, and by its charter was authorized to carry on a telephone business. It has established a system which extends over several states, including Kentucky. In the latter it has its principal place of business, 'and, besides those…
1Opinion of the Court
LURTON, Circuit Judge.
This is an appeal from an interlocutory order enjoining the city of Owensboro from putting in force, pending a final hearing, an ordinance of the common council of that city passed in August, 1908, regulating the charges for telephone service in that city.
The bill is filed hy the Cumberland Telephone & Telegraph Company, a corporation created by the state of Kentucky for the purpose of engaging in the construction, maintenance, and operation of telephone and telegraph lines, which company has engaged in that btisi*746ness for more than 25 years, and is now maintaining and…
2Cases cited26 opinions
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- San Diego Land & Town Co. v. National CitySupreme Court of the United States · 1899
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
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3Cited by15 opinions
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- C. M. Spring Drug Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- City of Louisville v. Louisville Home Telephone Co.Court of Appeals for the Sixth Circuit · 1922
- Southern Bell Telephone & Telegraph Co. v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1935
- Tennessee Valley Authority v. Tennessee Electric Power Co.Court of Appeals for the Sixth Circuit · 1937
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