Oklahoma Packing Co. v. Oklahoma Gas & Elec. Co., 309 U.S. 4 (1940)

Oklahoma Packing Co. v. Oklahoma Gas & Elec. Co.

No. 19

Argued October 17, 1939
Decided December 4, 1939 *
Opinion on Petition for Rehearing delivered January 15, 1940
309 U.S. 4

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

1. A Delaware corporation, pursuant to the laws of Oklahoma, designated an agent for service of process "in any action in the Oklahoma." Held, amenable to suit in the federal District Court in Oklahoma upon a cause of action arising in that State. Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165. P. 6.

2. A determination of the Supreme Court of Oklahoma that its judgments, on appeal from rate orders of the Corporation Commission, were formerly legislative in character, and that they cannot be given the effect of res judicata by the retroactive influence of a later doctrine of that court characterizing such judgments as judicial, held binding on this Court. P. 7.

3. Where an action upon supersedeas bonds, given by a gas company for the security of one of its consumers in connection with its appeal from a rate order, was pending in a state court and defended by the company’s answer upon the ground that the order violated the Federal Constitution, held that a subsequent suit by the company, on the same ground, to enjoin the consumer from prosecuting the action could not be entertained by a federal court. Jud.Code, § 265. P. 8.

100 F.2d 770 reversed.

Certiorari, 306 U.S. 629, to review the affirmance of a decree enjoining the prosecution of an action in the state court.