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SAN ANTONIO v. SAN ANTONIO PUB. SERV. CO.

No. 263.

255 U.S. 547 (1921)

41 S.Ct. 428

65 L.Ed. 777

CITY OF SAN ANTONIO ET AL. v. SAN ANTONIO PUBLIC SERVICE COMPANY.

Supreme Court of United States.

Decided April 11, 1921.

Attorney(s) appearing for the Case

Mr. R.J. McMillan, with whom Mr. Claude V. Birkhead was on the briefs, for appellants.

Mr. S.J. Brooks, with whom Mr. Howard Templeton and Mr. Walter P. Napier were on the brief, for appellee.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

The decree below enjoined the City of San Antonio from enforcing a five cents fare against the Public Service Company, operating street railway lines in that city, on the ground that the right to enforce such rate was not secured to the city by contract and such enforcement was beyond the power of the city because of the confiscation of the property of the railway company which would result, in violation...

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