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GLEN OAKS UTILITIES, INC. v. CITY OF HOUSTON

No. 18165.

280 F.2d 330 (1960)

GLEN OAKS UTILITIES, INC. and Greenfield Utilities Corporation, Appellants, v. CITY OF HOUSTON, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 4, 1960.

Attorney(s) appearing for the Case

Melvin A. Dow, Houston, Tex., Edmund L. Cogburn, Dow & Dow, Houston, Tex., of counsel, for appellants, Glen Oaks Utilities, Inc., and Greenfield Utilities Corp.

John Gano, Senior Asst. City Atty., Charles F. Weaver, Asst. City Atty., R. H. Burks, City Atty., Houston, Tex., for appellee, City of Houston.

Before RIVES, Chief Judge, and JONES and WISDOM, Circuit Judges.

JONES, Circuit Judge.

The appellants brought suit in the United States District Court seeking an injunction to prohibit the City of Houston from enforcing an ordinance fixing the Companies' rates for water and sewer service. It was asserted that the rates were confiscatory. A similar suit had been brought and was pending in a state court of Texas. The district court entered an order that the suit and all proceedings therein be stayed pending final determination of...

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