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

No. 4206.

43 F.2d 478 (1930)

BOARD OF PUBLIC UTILITY COM'RS OF NEW JERSEY v. ELIZABETHTOWN WATER CO., Consolidated.

Circuit Court of Appeals, Third Circuit.

September 22, 1930.

Attorney(s) appearing for the Case

John O. Bigelow, of Jersey City, N. J., for appellant.

Wm. M. Wherry, of New York City (Frederick J. Faulks, of Newark, N. J., and Thomas H. Wight and James C. Forsyth, both of New York City, of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The District Court, finding rates which the Board of Public Utility Commissioners of New Jersey had prescribed for the Elizabethtown Water Company, either on the master's valuation of its property or on the court's valuation, confiscatory and violative of the due process clause of the Fourteenth Amendment to the Constitution, restrained the Board from enforcing an order by which it set aside rates which the company had filed and substituted...

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