Legal Opinion

Miller v. Southern Bell Telephone & Telegraph Co.

Court of Appeals for the Fourth Circuit

Decided March 24, 1922No. 1942PublishedCited by 16 opinions

Appeal from the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. Middleton Smith, Judge. Suit in equity by F. A. Miller against the Southern Bell Telephone & Telegraph Company, instituted in the state court and removed by defendant to the United States District Court. From a decree dismissing the complaint, plaintiff appeals.

1Opinion of the Court

KNAPP, Circuit Judge.

By statute enacted in 1904, now section 3161 of volume 1 of the Code of South Carolina, the Railroad Commission of that state was given jurisdiction and control “over all telephone lines, stations, and exchanges,” with plenary power to fix and regulate the rates or tolls to be charged for services, and to make and enforce rules and regulations governing such telephone lines, stations, and exchanges. In March, 1916, the appellee, Southern Bell Telephone & Telegraph Company, herein called defendant, entered into contract with the town of Hartsville, S. C., by which it…

2Cases cited8 opinions

  1. Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
  2. Scott v. DonaldSupreme Court of the United States · 1897
  3. Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
  4. Hansford v. Stone-Ordean-Wells Co.District Court, D. Montana · 1912
  5. Lewis v. Erie R.District Court, M.D. Pennsylvania · 1919

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3Cited by16 opinions

  1. United States of America Ex Rel. Rafael Echevarria v. Harry Silberglitt, Warden, Brooklyn House of DetentionCourt of Appeals for the Second Circuit · 1971
  2. Williams v. New York, P. & NR Co.Court of Appeals for the Fourth Circuit · 1926
  3. Hansen v. O'ReillySupreme Court of The Virgin Islands · 2015
  4. Flowers v. Aetna Casualty & Surety Co.Court of Appeals for the Sixth Circuit · 1947
  5. Lee v. Continental Ins.District Court, E.D. Kentucky · 1923

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