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CONSUMERS POWER CO. v. KRAUSE

No. 7212.

89 F.2d 565 (1937)

CONSUMERS POWER CO. v. KRAUSE et al.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1937.

Attorney(s) appearing for the Case

Bernard J. Onen, of Battle Creek, Mich. (Walter D. Kline, of Jackson, Mich., Weadock & Weadock, of Saginaw, Mich., and Stuart H. Redner, of Battle Creek, Mich., on the brief), for appellant.

F. Roland Sargent and George C. Ryan, both of Saginaw, Mich., for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

On December 21, 1908, the common council of the city of Saginaw, Mich., by an ordinance, No. 120, granted a thirty-year franchise to the Saginaw City Gas Company, predecessor of appellant, Consumers Power Company (herein called the Company), "to sell and supply gas to the city of Saginaw and the inhabitants thereof. * * *"

Section 2 of the original ordinance fixed the rates at $1.15 per thousand cubic feet until June 1, 1911, and for...

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