Legal Opinion

City of New York v. New York Telephone Co.

Supreme Court of the United States

Decided March 12, 1923No. 588PublishedCited by 41 opinions

APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP NEW YORK. Appeal from an order of the District Court denying appellant’s application to be made a party defendant in an injunction suit. The order appealed from is a final order. Gay v. Hudson River Co., 184 Fed. 689; Matter of Farmers’ Loan & Trust Co., 129 U. S. 206; Brush Electric Co. v. Electric Imp.

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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP NEW YORK. Appeal from an order of the District Court denying appellant’s application to be made a party defendant in an injunction suit. The order appealed from is a final order. Gay v. Hudson River Co., 184 Fed. 689; Matter of Farmers’ Loan & Trust Co., 129 U. S. 206; Brush Electric Co. v. Electric Imp. Co., 51 Fed. 557; La Bourgogne, 210 U. S. 95; Heike v. United States, 217 U. S. 423. The order appealed from impaired a substantial right of the City and, therefore, it is a final order. Central Trust Co. v.…

1Opinion of the CourtChief Justice Taft

The -New York Telephone Company, the appellee herein, filed its bill in the District Court against the members of the New York Public Service Commission, the counsel of the Commission and the Attorney General of thé State, asking an injunction against the enforcement of two orders of the Public Service Commission as to telephone rates, one as to rates in the City of New York and the other as to those in the State of New York, outside of the city, which it alleged to be confiscatory of its property and in violation of the Fourteenth Amendment. Thereafter the City of New York moved the court…

2Cases cited5 opinions

  1. Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
  2. Ex Parte CuttingSupreme Court of the United States · 1877
  3. In Re Engelhard & Sons Co.Supreme Court of the United States · 1914
  4. Ex Parte Leaf Tobacco Board of Trade of New YorkSupreme Court of the United States · 1911
  5. City of New York v. Consolidated Gas Co. of NYSupreme Court of the United States · 1920

3Cited by41 opinions

  1. Brotherhood of Railroad Trainmen v. Baltimore & Ohio RailroadSupreme Court of the United States · 1947
  2. Associated Industries of New York State, Inc. v. IckesCourt of Appeals for the Second Circuit · 1943
  3. State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
  4. United States v. California Coöperative CanneriesSupreme Court of the United States · 1929
  5. Wolpe v. PoretskyCourt of Appeals for the D.C. Circuit · 1944

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