Legal Opinion

United States Telephone Co. v. Central Union Telephone Co.

Court of Appeals for the Sixth Circuit

Decided January 10, 1913No. 2,082PublishedCited by 18 opinions

Appeal from the Circuit Court of the United States for the Northern District of Ohio; Robert W. Tayler, Judge. Suit in equity by the United States Telephone Company against the Central Union Telephone Company and another. From a decree dismissing the bill (171 Fed. 130), complainant appeals.

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Appeal from the Circuit Court of the United States for the Northern District of Ohio; Robert W. Tayler, Judge. Suit in equity by the United States Telephone Company against the Central Union Telephone Company and another. From a decree dismissing the bill (171 Fed. 130), complainant appeals. During tlie period prior to 1898, tlie Central Union Telephone Company had established a system of long-distance telephone communication extending over large parts of the states of Ohio and Indiana. It also owned and controlled local telephone exchanges in many cities and villages in this territory. f The…

1Opinion of the CourtDenison, Circuit Judge

(after stating the facts as above). After the decision of the present case by Judge Tayler in the court below, an appeal from the common pleas court, in one of the injunction cases, was affirmed by majority vote of the circuit court (in Ohio, an intermediate appellate court). This was carried to the Supreme Court. The Supreme Court of Ohio has six members. Five sat to hear this case, and the decree of the circuit court was affirmed by a vote of three to two, but without any opinion. It is the fixed rule of the Supreme Court in Ohio that the law, as settled by the decision, is to be found only…

2Cases cited15 opinions

  1. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  2. Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
  3. St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
  4. United States v. Reading Co.Supreme Court of the United States · 1912
  5. Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891

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3Cited by18 opinions

  1. United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
  2. Pennsylvania Water & Power Co. v. Consolidated Gas, Electric Light & Power Co. Of Baltimore (Public Service Commission of Maryland, Intervener)Court of Appeals for the Fourth Circuit · 1950
  3. Mazzola v. Southern New England Telephone Co.Supreme Court of Connecticut · 1975
  4. North Carolina Public Service Co. v. Southern Power Co.Court of Appeals for the Fourth Circuit · 1922
  5. Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1925

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