WESTERN DISTRIBUTING CO. v. PUBLIC SERVICE COMMISSION

No. 1391-N.

58 F.2d 241 (1931)

WESTERN DISTRIBUTING CO. v. PUBLIC SERVICE COMMISSION OF STATE OF KANSAS et al.

District Court, D. Kansas, First Division.

June 26, 1931, and July 3, 1931.


Attorney(s) appearing for the Case

Robert D. Garver, of Kansas City, Mo., and Robert Stone, of Topeka, Kan., for plaintiff.

Earl H. Hatcher, of Topeka, Kan., and S. C. Bloss, of Winfield, Kan., for defendants.

Before PHILLIPS, Circuit Judge, and SYMES and HOPKINS, District Judges.


HOPKINS, District Judge.

The plaintiff seeks to enjoin the defendants from enforcing the rate now on file for gas in the city of Eldorado, or from interfering with plaintiff putting into effect a new rate. The defendants by their answer have challenged the right of plaintiff to secure relief in a court of equity on the ground that such action is premature, contending that plaintiff has failed to exhaust its remedy before the public service commission. The defendants...

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