City of Birmingham v. Birmingham Waterworks Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern Division of the Northern District of Alabama; Wm. I. Grubb, Judge. Suit in equity by the Birmingham Waterworks Company against the City of Birmingham and the Board of Commissioners of the City of Birmingham. From an order granting a preliminary injunction, defendants appeal.
1Per curiam
This is an appeal from an interlocutory order of the District Court (211 Fed. 497) restraining the appellants from enforcing “an ordinance to regulate the terms and rates of furnishing water to private consumers in the city of Birmingham.”
The record contains an elaborate opinion of the District Judge, in which he reviews the decisions of the United States and state courts upon the questions involved. We regard the conclusion announced by him as correct, and are therefore of opinion that the order should be affirmed.
Ordered accordingly.
2Cases cited1 opinion
- Birmingham Waterworks Co. v. City of BirminghamDistrict Court, N.D. Alabama · 1913
3Cited by2 opinions
- City of Opelika v. Opelika Sewer Co.Supreme Court of the United States · 1924
- In re GerrowDistrict Court, E.D. Pennsylvania · 1916