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IOWA PUBLIC SERVICE COMPANY v. SIOUX CITY

No. 50712.

128 N.W.2d 248 (1964)

IOWA PUBLIC SERVICE COMPANY, a Corporation, Appellant, v. SIOUX CITY, Iowa, George W. Young, Mayor Stanley L. Greigg, James E. Reeder, Jr., Julian L. Torgeson and Marie White, Members of the City Council of the City of Sioux City, Iowa, Appellees.

Supreme Court of Iowa.

May 5, 1964.

Attorney(s) appearing for the Case

Sifford & Wadden, Sioux City, and Barnes, Wadsworth, Elderkin, Locher & Pirnie, Cedar Rapids, for appellant.

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for appellees.

STUART, Justice.

The plaintiff, Iowa Public Service Company, hereinafter referred to as the company, brought an action against the City of Sioux City, Iowa and the members of the council, hereinafter referred to as the city, to enjoin the enforcement of an ordinance setting the rate for natural gas in Sioux City on the ground that it did not provide a fair rate of return to the company and was therefore confiscatory and unconstitutional. The trial court held the ordinance...

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