U.S. Court of Appeals for the Fifth Circuit, 1914

City of Birmingham v. Birmingham Waterworks Co.

City of Birmingham v. Birmingham Waterworks Co.
U.S. Court of Appeals for the Fifth Circuit · Decided April 18, 1914
213 F. 450; 130 C.C.A. 96; 1914 U.S. App. LEXIS 1904

Counsel

Romaine Boyd and M. M. Ullman. both of Birmingham, Ala., for appellants., Frank Spurlock, of Chattanooga, Tenn., and John London and Walker Percy, both of Birmingham, Ala., for appellee.

City of Birmingham v. Birmingham Waterworks Co.

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2 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

This is an appeal from an interlocutory order of the District Court (211 Fed. 497) restraining the appellants from enforcing β€œan ordinance to regulate the terms and rates of furnishing water to private consumers in the city of Birmingham.”

The record contains an elaborate opinion of the District Judge, in which he reviews the decisions of the United States and state courts upon the questions involved. We regard the conclusion announced by him as correct, and are therefore of opinion that the order should be affirmed.

Ordered accordingly.

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