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CARY v. CORPORATION COMMISSION OF OKLAHOMA

No. 1626.

17 F.Supp. 772 (1936)

CARY v. CORPORATION COMMISSION OF OKLAHOMA et al.

District Court, W. D. Oklahoma.

December 7, 1936.

Attorney(s) appearing for the Case

Streeter B. Flynn, of Oklahoma City, Okl. (Rainey, Flynn, Green & Anderson, of Oklahoma City, Okl., on the brief), for complainant.

J. B. A. Robertson, of Oklahoma City, Okl. (S. J. Gordon, of Oklahoma City, Okl., and W. T. Jeter, of Mangum, Okl., on the brief), for Corporation Commission.

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

McDERMOTT, Circuit Judge.

Defendants move to dismiss this bill to set aside a rate order and enjoin its enforcement, on two principal grounds. To understand the motion, the peculiar situation in Oklahoma must be stated.

The Constitution of Oklahoma provides for an appeal from the Corporation Commission to the Supreme Court of Oklahoma, which hears the case on the record before the Commission; the court then approves the order or enters such other order as...

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