Corporation Commission v. Cary, 296 U.S. 452 (1935)
Contents:
Show Summary
Hide Summary
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.
Corporation Commission v. Cary, 296 U.S. 452 (1935)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 296 U.S. 451, click here.
Corporation Commission of Oklahoma v. Cary No. 124 Argued December 13, 1935 Decided December 23, 1935 296 U.S. 452
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF OKLAHOMA
Syllabus
1. The Act of May 14, 1934, restricting the jurisdiction of the district court over suits to restrain the enforcement of orders of state administrative boards or commissions affecting unconstitutionally the rates chargeable by public utilities, is, by its terms, inapplicable where the existence of an effective judicial remedy in the state courts is uncertain. P. 457.
2. In granting a temporary injunction restraining enforcement of gas rates prescribed by a commission in Oklahoma which were alleged to be confiscatory, the district court rightfully concluded that, in view of the conflicting decisions of the supreme court of the state, the right to a judicial review of the order in the state courts was seriously uncertain. P. 458.
3. Upon appeal from such an interlocutory decree, review by this Court is confined to the questions whether the district court had jurisdiction and whether it abused its discretion. Id.
4. Adjudication of these questions cannot be influenced by a decision of the state court made after the district court had acquired jurisdiction and entered the interlocutory decree. Id.
9 F.Supp. 709 affirmed.
Appeal from an interlocutory decree of the three-judge district court restraining the enforcement of an administrative order prescribing gas rates.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Corporation Commission v. Cary, 296 U.S. 452 (1935) in 296 U.S. 452 296 U.S. 453–296 U.S. 457. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=92F4XZWV8Z7LH1X.
MLA: U.S. Supreme Court. "Syllabus." Corporation Commission v. Cary, 296 U.S. 452 (1935), in 296 U.S. 452, pp. 296 U.S. 453–296 U.S. 457. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=92F4XZWV8Z7LH1X.
Harvard: U.S. Supreme Court, 'Syllabus' in Corporation Commission v. Cary, 296 U.S. 452 (1935). cited in 1935, 296 U.S. 452, pp.296 U.S. 453–296 U.S. 457. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=92F4XZWV8Z7LH1X.
|