DUKE POWER CO. v. GREENWOOD CTY.

No. 397.

302 U.S. 485 (1938)

DUKE POWER CO. ET AL. v. GREENWOOD COUNTY ET AL.

Supreme Court of United States.

Decided January 3, 1938.


Attorney(s) appearing for the Case

Mr. W.S. O'B. Robinson, Jr., with whom Messrs. Newton D. Baker, R.T. Jackson, W.R. Perkins, H.J. Haynsworth, J.H. Marion and W.B. McGuire, Jr. were on the brief, for petitioners.

Mr. W.H. Nicholson, with whom Messrs. James F. Dreher and D.W. Robinson, Jr. were on the brief, for Greenwood County and its Finance Board, respondents.

Mr. Jerome N. Frank, with whom Attorney General Cummings, Solicitor General Reed, Assistant Attorney General Morris, and Messrs. Enoch E. Ellison and Robert E. Sher were on the brief, for respondents Administrator et al.


MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This case presents the same question as that just decided in Nos. 84 and 85, ante, p. 464. The respondents are essentially the same, with the addition of Greenwood County, in the State of South Carolina, and the members of the finance board of the county. The suit was brought to enjoin the construction and operation of a local electric power plant in the county...

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