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MURRAY v. POCATELLO

No. 575.

226 U.S. 318 (1912)

33 S.Ct. 107

57 L.Ed. 239

MURRAY, DOING BUSINESS AS THE POCATELLO WATER COMPANY, v. CITY OF POCATELLO.

Supreme Court of United States.

Decided December 16, 1912.

Attorney(s) appearing for the Case

Mr. William V. Hodges, with whom Mr. Gerald C. Hughes, Mr. Clayton C. Dorsey, Mr. A.A. Hoehling, Jr., and Mr. N.M. Ruick were on the brief, for plaintiff in error:

Mr. D. Worth Clark, with whom Mr. Jesse R.S. Budge, Mr. Aldis B. Browne, Mr. Alexander Britton and Mr. Evans Browne were on the brief, for defendant in error.

Memorandum opinion by direction of the court. By MR. JUSTICE HOLMES.

This was an application by the defendant in error for a mandate requiring the plaintiff in error, Murray, to appoint commissioners to act with commissioners appointed by the city in determining water rates to be charged by Murray. Murray relied upon an ordinance of June 6, 1901, as establishing by contract the only method of fixing rates. The city relied upon a subsequent statute, § 2839, Rev...

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