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Oklahoma Nat. Gas Co. v. Russell, 261 U.S. 290 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Oklahoma Nat. Gas Co. v. Russell, 261 U.S. 290 (1923)
Oklahoma Natural Gas Company v. Russell Nos. 406 and 419 Argued February 20, 21, 1923 Decided March 5, 1923 261 U.S. 290
APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF OKLAHOMA
Syllabus
1. In its application to cases involving orders of state administrative boards, Jud.Code § 266 was not confined, by the Amendment of March 4, 1913, to those in which the constitutionality of a statute is challenged, but applies also where the order is attacked as in itself unconstitutional. P. 292.
2. A public service company which is being actually subjected to a confiscatory limitation of its rates imposed by an order of a state board, and which has appealed to the state supreme court for a revision of the order pursuant to the state law, and been denied a supersedeas, is not debarred by the fact that the appeal remains undecided from obtaining injunctive relief from the federal court. P. 292. Prentis v. Atlantic Coast Line Co., 211 U.S. 210, distinguished.
3. Where the district court has erroneously declined to entertain an application for a preliminary injunction, this Court, as a general rule, will remand the case for determination of the merits, and not decide for itself in the first instance. P. 293.
Reversed.
Appeals from orders of the district court denying applications for preliminary injunctions to restrain the enforcement of state orders fixing the rates of the appellant gas companies.
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Chicago: U.S. Supreme Court, "Syllabus," Oklahoma Nat. Gas Co. v. Russell, 261 U.S. 290 (1923) in 261 U.S. 290 261 U.S. 291. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=6WH7CPC44D29CPZ.
MLA: U.S. Supreme Court. "Syllabus." Oklahoma Nat. Gas Co. v. Russell, 261 U.S. 290 (1923), in 261 U.S. 290, page 261 U.S. 291. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6WH7CPC44D29CPZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Oklahoma Nat. Gas Co. v. Russell, 261 U.S. 290 (1923). cited in 1923, 261 U.S. 290, pp.261 U.S. 291. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=6WH7CPC44D29CPZ.
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