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FLORIDA POWER & LIGHT CO. v. CITY OF MIAMI

No. 8549.

98 F.2d 180 (1938)

FLORIDA POWER & LIGHT CO. v. CITY OF MIAMI et al.

Circuit Court of Appeals, Fifth Circuit.

July 15, 1938.

Attorney(s) appearing for the Case

John F. MacLane, of New York City, and Jno. P. Stokes and Will M. Preston, both of Miami, Fla., for appellant.

Sidney S. Hoehl and J. W. Watson, Jr., both of Miami, Fla., for appellees.

Wm. H. Malone, of Miami, Fla., amicus curiæ.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This litigation began by Florida Power & Light Company filing on March 15, 1933, a bill to enjoin execution of an ordinance of the City of Miami which fixed rates for electrical service within the City to begin March 24 following, whereby net income would be reduced about $700,000 per annum. The bill claimed that the ordinance, contrary to the federal Constitution, U.S.C.A. Const. art. 1, § 10, cl. 1, impaired the obligation of a contract...

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