Patterson v. Mobile Gas Co., 271 U.S. 131 (1926)

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Patterson v. Mobile Gas Company

No. 226

Argued March 19, 1926
Decided April 26, 1926
271 U.S. 131

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

Syllabus

1. Failure to make up a record in accordance with the rule is cause for dismissing an appeal. P. 132.

2. Decree affirmed insofar as it enjoined enforcement of an order establishing confiscatory gas rates, but reversed insofar as it undertook to adjudge a basic valuation of the company’s property, as of a specified date, conclusive on the state for future ratemaking purposes, and insofar as it undertook to specify the percent of net profit, the depreciation, and other allowances to which the company should be entitled, including amortization of expenses of the suit and of losses resulting from the enjoined rates, and to restrain further examination of the company’s books and papers for the purpose of impairing the aforesaid basic valuation. P. 134.

3. Prior to the Jurisdictional Act of February 13, 1925, a single district judge, holding the court on final hearing, had power to award a permanent injunction at variance with the views held by Circuit Judges when the same matter was considered by the special court on application for preliminary injunction, but such power was to be cautiously exercised. P. 136.

290 F. 476 affirmed in part, reversed in part.

Appeal from a decree of perpetual injunction in a suit in the district court brought by the Gas Company to restrain the members of the Alabama Public Service Commission from enforcing a confiscatory rate schedule, and for other relief.