Ex Parte Lincoln Gas & Elec. Light Co., 256 U.S. 512 (1921)

Ex Parte Lincoln Gas & Electric Light Company

No. 29, Original

Argued March 15, 16, 1921
Decided June 1, 1921
256 U.S. 512

ON PETITION FOR WRIT OF MANDAMUS

Syllabus

In a suit brought by a gas company against a city to enjoin the enforcement of an ordinance rate alleged to be confiscatory, this Court, by its former decision (250 U.S. 256), affirmed, with modifications, the decree of the district court dismissing the bill, and issued its mandate, reciting the decision and directing "that such execution and proceedings be had in said cause as according to right and justice . . . ought to be had, the said appeal notwithstanding."

Held:

(1) That the court below had jurisdiction, through a special master, to ascertain the amounts collected by the company from its customers in excess of the ordinance rate, pending the litigation, and to require repayment thereof, with interest, in accordance with the terms of a bond that the company filed in the cause in order to obtain a supersedeas, with continuance of injunction, pending its appeal. P. 516.

(2) That the absence of the customers as parties was no obstacle to such enforcement of their equitable rights, represented in the litigation by the city and recognized and protected by the bond. P. 517.

(3) That the fact that the affirmance modified the lower court’s decree so as to dismiss the bill without prejudice to the filing of another in case changed conditions should render the rate confiscatory did not restrict the lower court’s jurisdiction to the overcharges made before its decree was entered, since the ordinance rate remained presumably valid until proven otherwise in a new suit, and the bond required repayment of all overcharges collected while the company had the benefit of the injunction pending the appeal. P. 518.

Rule discharged.

The case is stated in the opinion.