PUBLIC UTILITIES-INJUNCTION RESTRAINING ENFORCEMENT OF RATE ORDER OF STATE COMMISSION-JURISDICTION OF FEDERAL COURT UNDER JOHNSON ACT

Authors

Abstract

Plaintiffs sued in a federal district court for an injunction restraining enforcement of an order of the Corporation Commission of Oklahoma reducing gas rates. The plaintiffs alleged that the new rates were confiscatory and in violation of due process of law under the Fourteenth Amendment. It appeared that there was much uncertainty in the decisions of the Supreme Court of Oklahoma as to whether the appeal to that court from the orders of the Corporation Commission were legislative or judicial. Held, that in view of the uncertainty of an opportunity for judicial review of the orders of the Commission, there was not "a plain, speedy, and efficient remedy" in the state court within the meaning of the Johnson Act, and that therefore the injunction would be granted. Corporation Commission of Oklahoma v. Cary, 296 U.S. 452, S. Ct. 300 (1935).

Recommended Citation

PUBLIC UTILITIES-INJUNCTION RESTRAINING ENFORCEMENT OF RATE ORDER OF STATE COMMISSION-JURISDICTION OF FEDERAL COURT UNDER JOHNSON ACT, 34 Mich. L. Rev. 1257 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss8/29