Mountain States Power Co. v. Public Service Comm'n
299 U.S. 167 (1936)

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U.S. Supreme Court

Mountain States Power Co. v. Public Service Comm'n, 299 U.S. 167 (1936)

Mountain States Power Co. v.

Public Service Commission of Montana

Nos. 38 and 39

Argued November 11, 1936

Decided December 7, 1936

299 U.S. 167

Syllabus

1. The Act of May 14, 1934, amending par. 1, § 24, Jud.Code, denies jurisdiction to the District Court of any suit to restrain the enforcement of any order of a state commission, etc.,

"where jurisdiction is based solely upon the ground of diversity of citizenship, or the repugnance of such order to the Constitution of the United States, where such order (1) affects rates chargeable by a public utility, (2) does not interfere with interstate commerce, and (3) has been made after reasonable notice and hearing, and where a plain, speedy, and efficient remedy may be had at law or in equity in the courts of such State."

Held inapplicable to a suit in Montana, in view of Rev.Code of Montana, 1921, § 3906, which purports to deny all preliminary relief in such cases in the state courts. P. 299 U. S. 168.

2. A "plain, speedy and efficient remedy" in the state courts cannot be said to exist in the presence of a state statute which denies it and which has not been authoritatively declared unconstitutional by the courts of the State. P. 299 U. S. 170.

Reversed.

Appeals from decrees of a three-judge District Court which dismissed, for lack of jurisdiction, two suits to set aside orders requiring the appellant to reduce its charges for electricity.

Page 299 U. S. 168

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