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EDISON LIGHT & POWER CO. v. DRISCOLL

21 F.Supp. 1 (1937)

EDISON LIGHT & POWER CO. v. DRISCOLL et al.

District Court, M. D. Pennsylvania.

October 18, 1937.

Attorney(s) appearing for the Case

Walter Biddle Saul, of Philadelphia, Pa., and Morgan S. Kaufman, of Scranton, Pa. (Clarence W. Miles, of Baltimore, Md., Travis, Brownback & Paxson, Edward F. Huber, and Bradford S. Magill, all of New York City, and J. Harry LaBrum, of Philadelphia, Pa., of counsel), for complainant.

John C. Kelley, Samuel G. Miller, and Edward Knuff, all of Harrisburg, Pa., for respondents.

Before DAVIS, Circuit Judge, and JOHNSON and WATSON, District Judges.

JOHNSON, District Judge.

This is a suit in equity to restrain the Pennsylvania Public Utility Commission from enforcing an order made by it pursuant to section 310 of the Pennsylvania Public Utility Law of 1937 (66 P.S.Pa. § 1150), fixing temporary rates for electricity on the grounds that the statute on which the temporary rates are based is unconstitutional, and that the order fixing the temporary rates is also unconstitutional and invalid.

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