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U.S. Supreme Court

Corporation Commission v. Cary, 296 U.S. 452 (1935)

Corporation Commission of Oklahoma v. Cary

No. 124

Argued December 13, 1935

Decided December 23, 1935

296 U.S. 452


1. The Act of May 14, 1934, restricting the jurisdiction of the district court over suits to restrain the enforcement of orders of state

Page 296 U. S. 453

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. 296 U. S. 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. 296 U. S. 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.

Page 296 U. S. 457

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