New York v. New York Telephone Co. - 261 U.S. 312 (1923)
U.S. Supreme Court
New York v. New York Telephone Co., 261 U.S. 312 (1923)
New York v. New York Telephone Company
Argued February 21, 23, 1923
Decided March 12, 1923
261 U.S. 312
1. In a suit to enjoin enforcement of orders of a state commission respecting telephone rates, upon the ground that the rates are confiscatory, a city with no control over such rates, but interested only indirectly as a subscriber is not a necessary party. P. 261 U. S. 315. In re Engelhard & Sons Co., 231 U. S. 646.
2. In such case, where the interests of the city were fully represented through the commission and other officials made parties, application of the city to become a party also was addressed to the district court's discretion, and its order denying the application is not final and appealable. P. 261 U. S. 316.
Appeal from an order of the district court denying appellant's application to be made a party defendant in an injunction suit.