Opinion · Supreme Court of the United States
New York Telephone Co. v. Maltbie
54 S. Ct. 443
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1934-02-19
- Topic
- general
appellant not entitled to an appeal from a decree for the purpose of reviewing portions of the decree that are not res judicata | phone company that obtained unqualified and permanent injunction against collection of rates did not have standing to appeal the court’s conclusions as to the rates that would have been collected under the enjoined practice | phone company that obtained unqualified and permanent injunction against collection of rates did not have standing to appeal the court's conclusions as to the rates that would have been collected under the enjoined practice | telephone company obtained permanent injunction against enforcement of challenged rate order but unsuccessfully sought to appeal portions of the decree fixing the value of its property and the rate of return to be allowed | telephone company obtained permanent injunction against enforcement of challenged rate order but unsuccessfully sought to appeal portions of the decree fixing the value of its property and the rate of return to be allowed
Citator
- Cited by
- 28 opinions
The District Court, specially constituted as required by statute (28 U.S.C. 380), permanently enjoined, as confiscatory, the enforcement of the rate orders which are the subject of this suit. The injunction is unqualified. Appellant, having obtained this relief, is not entitled to prosecute an appeal from the decree in its favor, for the purpose of reviewing the portions of the decree fixing the value of appellant’s property as of the years 1924,1926, and 1928, and the rate of return to be allowed. The matters set forth in these portions of the decree are not to be regarded as res judicata in relation to subsequent legislative action by the Public Service Commission in fixing rates for the future or in any judicial proeeeding relating to such rates. The motion.to dismiss the appeal is granted. Los Angeles Gas & Electric Corp. v. Railroad Comm’n, 289 U.S. 287, 304, 305; State Corporation Comm’n v. Wichita Gas Co., 290 U.S. 561; Lewis v. United States, 216 U.S. 611, 612, 613; Anglo-American Provision Co. v. Davis Provision Co., 191 U.S. 376, 377, 378; New Orleans v. Emsheimer, 181 U.S. 153, 154.