R.R. COMM'N v. PACIFIC GAS CO.

No. 804 (October Term, 1936).

302 U.S. 388 (1938)

RAILROAD COMMISSION OF CALIFORNIA ET AL. v. PACIFIC GAS & ELECTRIC CO.

Supreme Court of United States.

Reargued November 11, 1937.

Decided January 3, 1938.


Attorney(s) appearing for the Case

Mr. Ira H. Rowell for appellants, on the original argument and the reargument.

Mr. Warren Olney, Jr. for appellee, on the original argument and the reargument. Messrs. Allen P. Matthew and Robert L. Lipman were with him on the briefs.

Mr. Oswald Ryan, General Counsel, (with whom Messrs. Thomas J. Tingley and William C. Koplovitz were on a brief submitted by Solicitor General Reed), for the Federal Power Commission as amicus curiae, by special leave of Court, on the reargument, in support of appellants.

By leave of Court, briefs of amici curiae were filed by Messrs. Hampson Gary, General Counsel, Carl I. Wheat, Milford Springer, Robert E. May, Frank B. Warren and Basil P. Cooper, on behalf of the Federal Communications Commission; Messrs. John C. Kelley and Charles J. Margiotti, Attorney General of Pennsylvania, on behalf of the Pennsylvania Public Utility Commission; Messrs. John E. Benton and Clyde S. Bailey, on behalf of the National Association of Railroad and Utilities Commissioners, — all in support of appellants.


MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

This is an appeal from a final decree of the District Court, composed of three judges (28 U.S.C. 380), permanently enjoining an order of the Railroad Commission of the State of California.

The Commission by its order on November 13, 1933, in a proceeding instituted on its own motion, fixed rates for gas supplied by respondent. In this suit, the validity of the order was challenged as depriving respondent...

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