EL PASO & S. W. R. CO. v. ARIZONA CORPORATION COMMISSION

No. E-132.

51 F.2d 573 (1931)

EL PASO & S. W. R. CO. v. ARIZONA CORPORATION COMMISSION et al.

District Court, D. Arizona.

July 20, 1931.


Attorney(s) appearing for the Case

Knapp & Boyle, of Tucson, Ariz., H. H. McElroy, of San Francisco, Cal., W. A. Hawkins, of Fort Worth, Tex., and J. L. Stewart, of Houston, Tex., for complainant.

The Attorney General of Arizona, for Arizona Corporation Commission and members.

Samuel White, of Phoenix, Ariz., and Elmer Westlake and James E. Lyons, both of San Francisco, Cal., for Arizona Eastern Ry. Co.

Chalmers, Fennemore & Nairn, of Phoenix, Ariz., and E. W. Camp, of Los Angeles, Cal., for Atchison, T. & S. F. Ry. Co.

Baker & Whitney, of Phoenix, Ariz., Elmer Westlake and James E. Lyons, both of San Francisco, Cal., for Southern Pac. Co.

Rice & Mathews, of Globe, Ariz., for Apache Powder Co.

Chalmers, Fennemore & Nairn, of Phoenix, Ariz., for Ray & Gila Valley Ry. Co.

Leroy Anderson, of Prescott, Ariz., and George W. Nilsson, of Los Angeles, Cal., for Verde Tunnel & Smelter R. R. Co.

Before SAWTELLE, Circuit Judge, and JAMES and JACOBS, District Judges.


JACOBS, District Judge.

This case comes before the court on motion to dismiss and agreed statement of facts. The motion to dismiss the bill of complaint is on the following grounds: First, that it appears upon the face of said bill that the facts therein stated are not sufficient to constitute a valid cause of action in equity; second, that this court has no jurisdiction of the subject-matter thereof. The case comes within the provisions of section 266 of the Judicial...

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