United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York v. New York Telephone Co., 261 U.S. 312 (1923)

New York v. New York Telephone Company

No. 588

Argued February 21, 23, 1923

Decided March 12, 1923

261 U.S. 312

Syllabus

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.

Page 261 U. S. 313

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 dismissed.

Appeal from an order of the district court denying appellant's application to be made a party defendant in an injunction suit.

Page 261 U. S. 314