Cary v. Corporation Commission of Oklahoma

McDERMOTT, Circuit Judge.

This is a test case to determine whether the courts of the United States have jurisdiction over orders of the Corporation Commission of Oklahoma affecting rates charged by a public utility, since the passage of the Johnson Act of May 14,1934 (Jud. Code, § 24, 28 USCA § 41 (1), (1a); that is to say, may a “plain” remedy be had in the *710courts of such state ? The answer depends, as we see it, upon whether such orders may be judicially reviewed in the courts of Oklahoma in the face of. the provision of the state constitution hereafter referred to.

-Upon oral argument, we…