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MIDDLESEX WATER CO. v. BOARD OF PUBLIC UTILITY COM'RS

10 F.2d 519 (1926)

MIDDLESEX WATER CO. v. BOARD OF PUBLIC UTILITY COMMISSIONERS OF NEW JERSEY.

District Court, D. New Jersey.

January 7, 1926.

Attorney(s) appearing for the Case

Frank Bergen, of Newark, N. J., for complainant.

Thomas Brown, of Perth Amboy, N. J. (Frank H. Sommer, of Newark, N. J., of counsel), for defendant.

Before DAVIS, Circuit Judge, and RELLSTAB and CLARK, District Judges.

RELLSTAB, District Judge.

This suit seeks to enjoin as invalid the defendant's rate order of July 24, 1924, made effective as of April 1st of that year. The case is before us (sitting under section 266 of the Judicial Code, as amended by Act Feb. 13, 1925 [1925 Supp. U. S. Compact Ed. pp. 69, 70]) on final hearing on exceptions to the master's report, filed by both parties. Those of the plaintiff are said to be but precautionary, and were not pressed at the hearing...

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