Cumberland Telephone & Telegraph Co. v. City of Memphis
District Court, W.D. Tennessee
In Equity. Suit by the Cumberland Telephone & Telegraph Company against the City of Memphis and others. On application for a preliminary injunction brought on for hearing under Judicial Code, § 266. Application remanded for hearing and determination before a single District Judge.
1Per curiam
In this matter the District Judge was asked to issue a preliminary injunction to restrain the enforcement of an ordinance of the city of Memphis, fixing the rates to be charged by the complainant Telephone Company. Doubting his authority to hear this application alone, because of the requirements of section 266 of the Judicial Code, the District Judge called in another District Judge and a Circuit Judge to sit with him.
The first matter considered by the court, so constituted, must be the question of power, because, if the section does apply, a District Judge cannot hear the application alone;…
2Cases cited4 opinions
- New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
- Grand Trunk Western Railway Co. v. Railroad Commission of IndianaSupreme Court of the United States · 1911
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
- Sperry & Hutchinson Co. v. City of TacomaU.S. Circuit Court for the District of Western Washington · 1911
3Cited by14 opinions
- Ex Parte CollinsSupreme Court of the United States · 1928
- Stainback v. Mo Hock Ke Lok PoSupreme Court of the United States · 1949
- Armstrong v. City of TampaSupreme Court of Florida · 1958
- Connecting Gas Co. v. ImesDistrict Court, S.D. Ohio · 1926
- City of Dallas v. Dallas Telephone Co.Court of Appeals for the Fifth Circuit · 1921
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