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FORT WORTH GAS CO. v. CITY OF FORT WORTH

No. 542.

35 F.2d 743 (1929)

FORT WORTH GAS CO. v. CITY OF FORT WORTH et al.

District Court, N. D. Texas, Fort Worth Division.

November 5, 1929.

Attorney(s) appearing for the Case

Slay, Simon & Shannon and Thompson & Barwise, all of Fort Worth, Tex., and Karl F. Griffith, of Dallas, Tex., for complainant.

R. E. Rouer, of Fort Worth, Tex., and F. G. Coates, of Houston, Tex., for respondents.

Before FOSTER, Circuit Judge, and ATWELL and DAWKINS, District Judges.

ATWELL, District Judge.

On June 9, 1920, the gas company and the city of Fort Worth contracted that the rate for domestic gas should be 75 cents per M cubic feet, less a discount of 10 per cent. for prompt payment. On August 11, 1927, the company applied to the proper officials of the city for an increase, accompanying such application by a schedule of proposed rates. The city did not act upon the application within 60 days, nor thereafter, and on the 19th day of...

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