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GULF WATER BENEFACTION CO. v. PUBLIC UTIL. COM'N

No. 81-2370 Summary Calendar.

674 F.2d 462 (1982)

GULF WATER BENEFACTION COMPANY, Peoples National Utility Company, Plaintiffs-Appellants, v. The PUBLIC UTILITY COMMISSION OF TEXAS and the State of Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 19, 1982.

Attorney(s) appearing for the Case

Joe Alfred Izen, Jr., Houston, Tex., for plaintiffs-appellants.

Ronald G. Knight, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.

PER CURIAM:

Gulf Water Benefaction Company for the third time in a federal court presents a challenge to aspects of state utility rate-making. It also argues that the Bankruptcy Court should not have dismissed its Chapter XI petition, although it admits that no plan of arrangement can be confirmed until it has settled the rate-making dispute. Both the Bankruptcy Court and District Court before us ruled that the Johnson Act, 28 U.S.C. § 1342, deprived them of...

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