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ILLINOIS BELL TELEPHONE CO. v. SMITH

No. 3746.

39 F.2d 157 (1927)

ILLINOIS BELL TELEPHONE CO. v. SMITH et al.

District Court, N. D. Illinois, E. D.

July 1, 1927.

Attorney(s) appearing for the Case

Charles S. Cutting, of Chicago, Ill., Phillip Barton Warren, of Springfield, Ill., and William D. Bangs and Horace Kent Tenney, both of Chicago, Ill., for plaintiff.

Oscar E. Carlstrom, Atty. Gen., of Illinois, for defendant.

Samuel Ettelson, Simon Herr, Benjamin F. Goldstein, Edmund D. Adcock, and George I. Haight, all of Chicago, Ill., for intervenor City of Chicago.

Before EVANS and PAGE, Circuit Judges, and WILKERSON, District Judge.

PER CURIAM.

Plaintiff has moved for a permanent injunction on the pleadings. This is on the assumption that the record affirmatively discloses a prejudicial error made by the Illinois commerce commission and which error appears in finding nine of the commission's order of August 16, 1923. Upon the assumption of this error, plaintiff argues that the order must be enjoined regardless of whether the rate fixed is just or not. In support of this contention, it cites and...

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