Legal Opinion · Concurrence

New Jersey Suburban Water Co. v. Board of Public Utility Com'rs

District Court, D. New Jersey

Decided June 20, 1938No. 5854Published

1ConcurrenceBiggs, Circuit Judge

It is the contention of the defendants that the remedy afforded to the plaintiff by the Statute of New Jersey, cited in the majority opinion, is a plain, speedy and efficient remedy. The plaintiff contends otherwise.

That the remedy is a judicial remedy and not an administrative one I think is not open to doubt, since the Supreme Court of New Jersey is not given jurisdiction otherwise than to review the order of the Board of Public Utilities Commissioners, and to set it aside in whole or in part when it clearly appears that there is no sufficient supporting evidence. Bacon v. Rutland R. Co.,…

2Cases cited12 opinions

  1. Keller v. Potomac Electric Power Co.Supreme Court of the United States · 1923
  2. Hill v. MartinSupreme Court of the United States · 1935
  3. Porter v. Investors SyndicateSupreme Court of the United States · 1932
  4. Bacon v. Rutland RailroadSupreme Court of the United States · 1914
  5. Lehigh Valley Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1928

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