Knoxville Gas Co. v. City of Knoxville
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Tennessee; John E. McCall, Judge. Suit by the Knoxville Gas Company against the City of Knoxville- and others. Erom a decree denying it an injunction, or other relief (253 Fed. 217), complainant appeals.
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Appeal from the District Court of the United States for the Eastern District of Tennessee; John E. McCall, Judge. Suit by the Knoxville Gas Company against the City of Knoxville- and others. Erom a decree denying it an injunction, or other relief (253 Fed. 217), complainant appeals. The Knoxville Gas Company appeals from a final decree denying it an injunction or other relief to prevent the city of Knoxville from interfering with the company’s exaction of an increase in price of gas. The case was disposed of upon the pleadings, with certain exhibits and affidavits presented by the respective…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] The controlling question is whether in 1903 the city of Knoxville *287possessed the power by contract irrevocably to fix the maximum price of gas for a term of 50 years. If the city in reality had the power, the decree must be affirmed; for, in the first place, the rights and obligations in terms created under the ordinances of September, 1903, will not expire for over 30 years, and, in the next place, despite the complaint made of the World War conditions, it is not shown that performance of the ordinance provisions, taking all the years in contemplation…
2Cases cited13 opinions
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
- City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
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3Cited by4 opinions
- City of University Place v. Lincoln Gas & Electric Light Co.Nebraska Supreme Court · 1922
- City of Osceola v. Middle States Utilities Co.Supreme Court of Iowa · 1934
- Los Angeles Ry. Corp. v. Railroad Commission of CaliforniaDistrict Court, S.D. California · 1928
- Opelika Sewer Co. v. City of OpelikaDistrict Court, M.D. Alabama · 1922