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CITY OF EL PASO v. TEXAS CITIES GAS CO.

No. 8824.

100 F.2d 501 (1938)

CITY OF EL PASO v. TEXAS CITIES GAS CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1939.

Attorney(s) appearing for the Case

Ernest Guinn, Coyne Milstead, and Leo Jaffe, all of El Paso, Tex., for appellants.

Warren J. Collins, Marshall Newcomb, Roy C. Coffee, and J. L. Toone, all of Dallas, Tex., and Wm. H. Burges, of El Paso, Tex., for appellee.

Irl F. Kennerly, of Houston, Tex., for amicus curiae.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The appeal is from a preliminary injunction which stopped the enforcement of an ordinance of the City of El Paso reducing the rates for natural gas furnished in the City. The injunction rests not on mere discretion, but was granted after a full hearing and on deliberate findings of fact and law. Taking it as the Court's settled judgment of the merits, we think it should be set aside on the single ground that the appeal to the Railroad Commission...

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