Agnew

Pacific Telephone & Telegraph Co. v. Agnew

Good Law
5 F.2d 221·1925 U.S. App. LEXIS 2631
United States Court of Appeals for the Ninth CircuitMarch 30, 1925No. 4381California1,722 words

Opinion

Lead Opinion

Hunt, J.

Appellant, Pacific Telephone & Telegraph Company, referred to as the Telephone Company, appeals from a decree made in October, 1924, dismissing the suit brought by it against Agnew, appellee, to restrain him from further prosecuting an action instituted by him in a justice’s court in Seattle, Wash., and from further interfering with the possession and control exercised by the United States District Court over certain property.

*222 In. March, 1923, the department of puhlie works of the state of Washington prescribed certain maximum reates for telephone service. Thereafter in April, 1923, the Tele*-phone Company obtained a restraining order against the department of public works of the state in the United States District Court, and during the life, of such restraining order certain rates were made effective; such rates, spoken of as the Cleland rates, being those which a dissenting member of the department of public works had found were just and reasonable. A few days thereafter the Telephone Company filed a schedule of rates with the department of public works. Upon the schedules filed there was an annotation by the Telephone Company that the schedule was filed in accordance with…

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