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SMITH v. ILLINOIS BELL TEL. CO.

No. 90.

282 U.S. 133 (1930)

51 S.Ct. 65

75 L.Ed. 255

SMITH ET AL., CONSTITUTING THE ILLINOIS COMMERCE COMMISSION, ET AL. v. ILLINOIS BELL TELEPHONE COMPANY.

Supreme Court of United States.

Decided December 1, 1930.

Attorney(s) appearing for the Case

Messrs. George I. Haight and Benjamin F. Goldstein, with whom Messrs. Oscar E. Carlstrom, Attorney General of Illinois, Samuel A. Ettelson, Corporation Counsel, City of Chicago, and Edmund D. Adcock were on the brief, for appellants.

Mr. William Dean Bangs, with whom Messrs. Charles M. Bracelen and Horace Kent Tenney were on the brief, for appellee.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

This is an appeal from a final decree of the District Court, composed of three judges as required by section 266 of the Judicial Code, enjoining the enforcement of an order of the Illinois Commerce Commission which prescribed rates for telephone service in the City of Chicago, upon the ground that the order was confiscatory and hence was in violation of the due...

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