FEDERAL PRACTICE - APPEAL AND ERROR - NECESSITY FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW IN INTERLOCUTORY PROCEEDINGS

Authors

Abstract

The Public Service Commission of Wisconsin issued a temporary order reducing telephone rates, setting forth its reasons and the facts in an elaborate opinion. A temporary restraining order was issued by a federal district court, which was followed by an application for an interlocutory injunction. A hearing on this application was held before three judges who granted an injunction on the same day upon the giving of a bond. Meanwhile the temporary restraining order continued in force. No opinion was rendered other than a general statement in the decree that the Commission's order "would result in the confiscation of the property" of the complainant "without compensation and without due process of law." Held, on appeal, that for failure of the court to set forth the facts and law constituting the ground of its decision the decree is vacated and the cause remanded to the district court for appropriate findings and conclusions, the temporary restraining order to remain in force until such determination. Public Service Commission of Wisconsin v. Wisconsin Telephone Co., 289 U. S. 92, 53 S1:1p. Ct. S 14.

Recommended Citation

FEDERAL PRACTICE - APPEAL AND ERROR - NECESSITY FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW IN INTERLOCUTORY PROCEEDINGS, 32 Mich. L. Rev. 114 (1933).
Available at: https://repository.law.umich.edu/mlr/vol32/iss1/20