DRISCOLL v. EDISON CO.

No. 509.

307 U.S. 104 (1939)

DRISCOLL ET AL., CONSTITUTING PENNSYLVANIA PUBLIC UTILITY COMM'N, ET AL. v. EDISON LIGHT & POWER CO.

Supreme Court of United States.

Decided April 17, 1939.


Attorney(s) appearing for the Case

Messrs. Guy K. Bard and Edward Knuff, with whom Messrs. Claude T. Reno, Attorney General of Pennsylvania, and Samuel Graff Miller, John C. Kelley, Harry H. Frank, and Herbert S. Levy were on the brief, for appellants. Mr. Herbert B. Cohen was on a brief for the Utility Consumers' League of York, Pa., appellant.

Mr. Clarence W. Miles, with whom Messrs. Walter Biddle Saul, Edward F. Huber, Bradford S. Magill, and J. Harry La Brum were on the brief, for appellee.

By leave of Court, briefs of amici curiae were filed by Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. Paul A. Freund, Robert M. Cooper, Milford Springer, David W. Robinson, Jr. Richard J. Connor, Charles W. Smith, William J. Dempsey, and William C. Koplovitz, on behalf of the United States; and by Messrs. Gay H. Brown and Sherman C. Ward, on behalf of the Public Service Commission of the State of New York, urging the constitutionality of the temporary rate provision of the Pennsylvania statute.


MR. JUSTICE REED delivered the opinion of the Court.

This is an appeal from the decree of a three-judge district court granting a permanent injunction against the enforcement of temporary rates. § 266, Jud. Code.

The appellants are five named persons, individually and as members of the Pennsylvania Public Utility Commission, and the Utility Consumers League of York, Pennsylvania, intervening defendant below, an unincorporated association of consumers...

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