Legal Opinion

Omaha Gas Co. v. City of Omaha

District Court, D. Nebraska

Decided October 13, 1914No. 103ZPublishedCited by 5 opinions

In Equity. Bill by the Omaha Gas Company against the City of Omaha. Guernsey, Parker & Miller, of Des Moines, Iowa, and W. PI. lieldman, of Omaha, Neb., foi; Omaha Gas Co.

1Opinion of the Court

MUNGER, District Judge.

This suit was brought to enjoin the enforcement of an ordinance of the city of Omaha, which undertook to fix the price to be charged by defendant for gas at $1 per 1,000 cubic feet. The sole question presented is whether the city stripped itself of the power to make such reduction, by entering into a contract with the defendant’s predecessor, whereby the city granted the right to it and its successors to charge at least $1.25 per 1,000 cubic feet for 25 years from December 20, 1893.

[1] It is admitted that this contract was made, and there is no dispute over its terms;…

2Cases cited4 opinions

  1. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  2. City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
  3. Vicksburg v. Vicksburg Waterworks Co.Supreme Court of the United States · 1907
  4. K. C. & O. R. Co. v. FreyNebraska Supreme Court · 1890

3Cited by5 opinions

  1. Griffin v. Oklahoma Natural Gas CorporationCourt of Appeals for the Tenth Circuit · 1930
  2. Municipal Power Transmission Co. v. City of LyndonSupreme Court of Kansas · 1928
  3. Kansas-Nebraska Natural Gas Co. v. City of St. EdwardDistrict Court, D. Nebraska · 1955
  4. Kansas-Nebraska Natural Gas Co. v. City of St. EdwardDistrict Court, D. Nebraska · 1955
  5. Central Power Co. v. Central CityCourt of Appeals for the Eighth Circuit · 1922

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