Legal Opinion · Dissent

Petroleum Exploration, Inc. v. Public Service Commission

District Court, E.D. Kentucky

Decided November 6, 1937No. 1205Published

1DissentHamilton, District Judge

I agree with the conclusion of the majority opinion because the Act of May 14, 1934, chapter 283, § 1, 48 Stat. 775, U.S.C.A. title 28, section 41 (1), withdraws from the jurisdiction of the District Courts of the United States suits enjoining the execution of orders of administrative boards or commissions where the laws of the state provide a plain, speedy, and efficient remedy for a judicial review.

The laws of the commonwealth of Kentucky provide for an adequate judicial review of the orders and findings of its Public Service Commission. Carroll’s Kerntucky Statutes, 1936 Edition, sections…

2Cases cited27 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Smyth v. AmesSupreme Court of the United States · 1898
  3. Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
  4. Bluefield Water Works & Improvement Co. v. Public Service CommissionSupreme Court of the United States · 1923
  5. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898

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