WASHINGTON GAS LIGHT CO. v. BYRNES

Nos. 8501-8504.

137 F.2d 547 (1943)

WASHINGTON GAS LIGHT CO. v. BYRNES, Director of Economic Stabilization. PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA v. SAME. WASHINGTON GAS LIGHT CO. v. BROWN, Adm'r, Office of Price Administration. PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA v. SAME.

United States Court of Appeals for the District of Columbia.

Decided July 26, 1943.


Attorney(s) appearing for the Case

Mr. E. Barrett Prettyman, of Washington, D.C., with whom Messrs. F. G. Awalt, Raymond Sparks, and C. Oscar Berry, all of Washington, D. C., were on the brief, for appellant in Nos. 8501 and 8503. Mr. Stoddard M. Stevens, Jr., of the Bar of the State of New York, of New York City, who was allowed to appear for appellant in Nos. 8501 and 8503, pro hac vice, by special leave of Court, was also on the brief.

Mr. Lloyd B. Harrison, Special Assistant Corporation Counsel, D. C., of Washington, D. C., with whom Messrs. Richmond B. Keech, Corporation Counsel, D. C., and Vernon E. West, Principal Assistant Corporation Counsel, D. C., both of Washington, D. C., were on the brief, for appellant in Nos. 8502 and 8504.

Messrs. Harry R. Booth, Utilities Counsel, Office of Price Administration, and David F. Cavers, Assistant General Counsel, both of Washington, D. C., with whom Messrs. George J. Burke, General Counsel, W. Russell Gorman, and Howard S. Gutman, all of Washington, D. C., were on the brief for the appellee in each case, and appeared by authority of the Price Administrator.*

Before GRONER, Chief Justice, SOPER, Circuit Judge sitting by designation, and MILLER, Associate Justice.


SOPER, Circuit Judge.

These appeals are brought to test the validity of an increase in gas rates in the District of Columbia authorized by the Public Utilities Commission of the District but objected to by the Director of Economic Stabilization and his representative in this matter, the Administrator of the Office of Price Administration.

On October 13, 1942 the Public Utilities Commission, one Commissioner dissenting, issued an order whereby an increase of...

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