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EAST OHIO GAS CO. v. CITY OF CLEVELAND

No. 7799.

94 F.2d 443 (1938)

EAST OHIO GAS CO. v. CITY OF CLEVELAND.

Circuit Court of Appeals, Sixth Circuit.

February 15, 1938.

Attorney(s) appearing for the Case

Wm. B. Cockley, of Cleveland, Ohio (Walter J. Milde, Arthur L. Dougan, and Tolles, Hogsett & Ginn, all of Cleveland, Ohio, on the brief), for appellant.

Henry S. Brainard and Spencer W. Reeder, both of Cleveland, Ohio (Alfred Clum, of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN and HICKS, Circuit Judges, and SWINFORD, District Judge.

MOORMAN, Circuit Judge.

This proceeding involves the construction and application of a statute of the United States, 28 U.S.C.A. § 41(1), known as the Johnson Act, Act May 14, 1934, § 1, 48 Stat. 775. Suit was brought by The East Ohio Gas Company, to enjoin the City of Cleveland, a municipal corporation, from enforcing an ordinance fixing a rate for the sale by the gas company of gas in the city at not exceeding 57 cents per M. c. f. After making findings...

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