New York v. Consolidated Gas Co., 253 U.S. 219 (1920)

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City of New York v. Consolidated Gas Company of New York

No. 566

Argued April 22, 1920
Decided June 1, 1920
253 U.S. 219

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

A city applied to intervene in a suit brought by a gas company to enjoin state officials from enforcing a rate alleged to be confiscatory. Held that the application was addressed to the discretion of the district court, and that an order denying it was not final for purpose of appeal. P. 221.

When the circuit court of appeals erroneously assumes jurisdiction of a case in which the district court’s jurisdiction is based wholly on constitutional grounds, and makes a final order, this Court has jurisdiction to correct the error upon appeal under Jud.Code § 241. P. 221.

The proper course for this Court in such cases is to reverse the order of the circuit court of appeals with directions to dismiss the appeal. Id.

Reversed.

The case is stated in the opinion.