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COLUMBUS GAS & FUEL CO. v. CITY OF COLUMBUS

Nos. 4925-4927, 5491.

55 F.2d 56 (1931)

COLUMBUS GAS & FUEL CO. et al. v. CITY OF COLUMBUS.

Circuit Court of Appeals, Sixth Circuit.

December 30, 1931.

Attorney(s) appearing for the Case

Freeman T. Eagleson and Clarence D. Laylin, both of Columbus, Ohio (Eagleson & Laylin and John F. Wilson, all of Columbus, Ohio, on the brief), for appellants.

James M. Butler, of Columbus, Ohio (Charles A. Leach and John L. Davies, both of Columbus, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

The appellants, collectively, are engaged in distributing natural gas in Columbus. They bought their gas from producers, wholesalers, and transporters at the "city gate." Prior to May, 1924, the effective ordinance rate was upon a sliding scale — 45-55-65 — which for convenience we call the 55-cent rate. In May, the existing ordinance term ended, and the companies established a 65-cent rate — 55-65-75. In November, an ordinance...

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