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TEXARKANA v. ARKANSAS GAS CO.

No. 294.

306 U.S. 188 (1939)

59 S.Ct. 448

83 L.Ed. 598

CITY OF TEXARKANA v. ARKANSAS LOUISIANA GAS CO.

Supreme Court of United States.

Decided February 6, 1939.

Attorney(s) appearing for the Case

Mr. Benjamin E. Carter, with whom Mr. Ed B. Levee, Jr. was on the brief, for petitioner.

Messrs. William C. Fitzhugh and Henry C. Walker, Jr., with whom Mr. William H. Arnold, Jr. was on the brief, for respondent.

MR. JUSTICE REED delivered the opinion of the Court.

A writ of certiorari brings to this Court for review a judgment1 of the Circuit Court of Appeals for the Fifth Circuit denying the validity or applicability of the following section in a franchise granted to respondent by petitioner in 1930. Section IX of that franchise reads as follows:

"If Grantee shall be finally compelled to, or should voluntarily, place [sic] in any rates...

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