CITY OF TEXARKANA v. SOUTHERN CITIES DISTRIBUTING CO.

No. 9589.

64 F.2d 944 (1933)

CITY OF TEXARKANA, ARK., et al. v. SOUTHERN CITIES DISTRIBUTING CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 15, 1933.


Attorney(s) appearing for the Case

Benjamin E. Carter, of Texarkana, Ark. (Willis B. Smith, of Texarkana, Ark., on the brief), for appellants.

William H. Arnold and William H. Arnold, Jr., both of Texarkana, Ark. (F. H. Bacon, of Shreveport, La., and David C. Arnold and Richard L. Arnold, both of Texarkana, Ark., on the brief), for appellee.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

The Southern Cities Distributing Company furnishes gas to the City of Texarkana, Ark. Under the statutes of that state (see Acts 1921, p. 177; Acts 1929, p. 1207) the city council has the power to regulate rates for gas. The company applied to the city council of Texarkana for a raise in rates. Before determination of this application, the council and the company made an agreement upon rates higher than those then in force but lower than sought...

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