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PEOPLES NAT. UTILITY CO. v. CITY OF HOUSTON

No. 87-2659.

837 F.2d 1366 (1988)

PEOPLES NATIONAL UTILITY COMPANY, et al., Plaintiffs-Appellants, v. The CITY OF HOUSTON, a Texas Municipal Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 25, 1988.

Attorney(s) appearing for the Case

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

Susan Tom Taylor, Kevin E. Mason, Asst. City Attys., F.J. Coleman, Jr., City Atty., Houston, Tex., for defendants-appellees.

Before TIMBERS, CAROLYN DINEEN KING and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Appellant Peoples National Utility Company appeals the dismissal of its suit filed under 42 U.S.C. § 1983 alleging that the City of Houston took Peoples' property by not providing rate relief. We are persuaded that the Johnson Act denies federal jurisdiction and affirm dismissal of the case.

I

Peoples National Utility Company was an intrastate water utility company subject to rate regulation by the City...

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