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CARY v. CORPORATION COMMISSION OF OKLAHOMA

No. 1626.

9 F.Supp. 709 (1935)

CARY v. CORPORATION COMMISSION OF OKLAHOMA et al.

District Court, W. D. Oklahoma.

February 9, 1935.

Attorney(s) appearing for the Case

Rainey, Flynn, Green & Anderson and J. B. Dudley, all of Oklahoma City, Okl., for complainant.

Holmes Baldridge, of Oklahoma City, Okl., for Corporation Commission of Oklahoma.

Before McDERMOTT, Circuit Judge. and WILLIAMS and VAUGHT, District Judges.

McDERMOTT, Circuit Judge.

This is a test case to determine whether the courts of the United States have jurisdiction over orders of the Corporation Commission of Oklahoma affecting rates charged by a public utility, since the passage of the Johnson Act of May 14, 1934 (Jud. Code, § 24, 28 USCA § 41 (1), (1a); that is to say, may a "plain" remedy be had in the courts of such state? The answer depends, as we see...

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