Legal Opinion

Birmingham Waterworks Co. v. City of Birmingham

District Court, N.D. Alabama

Decided January 9, 1913No. 229PublishedCited by 8 opinions

In Equity. Suit by the Birmingham Waterworks Company against the City of Birmingham. On application for a temporary injunction.

1Opinion of the Court

GRUBB, District Judge.

This is an application for a temporary injunction to restrain the enforcement of an ordinance of the city of *499Birmingham fixing the rates to be charged by the plaintiff for water furnished the inhabitants of the defendant for consumption.

[1] A preliminary motion has been made by the city, the effect of which is to request the District Judge to call in two Circuit Judges to hear the case with him, as provided in section 266 of the Judicial Code of the United States. The federal courts have held that an ordinance of a municipality, the constitutionality of which is…

2Cases cited24 opinions

  1. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  2. Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
  3. City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
  4. Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of the United States · 1912
  5. City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904

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3Cited by8 opinions

  1. Ex Parte CollinsSupreme Court of the United States · 1928
  2. City of Opelika v. Opelika Sewer Co.Supreme Court of the United States · 1924
  3. City of Dallas v. Dallas Telephone Co.Court of Appeals for the Fifth Circuit · 1921
  4. City of Tulsa v. Oklahoma Natural Gas Co.District Court, E.D. Oklahoma · 1925
  5. Land Development Co. of Louisiana, Ltd. v. City of New OrleansDistrict Court, E.D. Louisiana · 1926

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