Corporation Commission v. CaryAnnotate this Case
296 U.S. 452 (1935)
U.S. Supreme Court
Corporation Commission v. Cary, 296 U.S. 452 (1935)
Corporation Commission of Oklahoma v. Cary
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
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.
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