City of Seattle v. Puget Sound Power & Light Co.

This ease was before this court on a former appeal, where a full statement of the facts will be found. Puget Sound Power & Light Co. v. City of Seattle, 5 F.(2d) 393 . As will appear from a reference to that case, the court below dismissed the complaint for want of equity, or because the plaintiff had a full, speedy, and adequate remedy at law; but this court held that the complaint stated a cause of action in equity, entitling the plaintiff to certain equitable relief, assuming the facts stated in the complaint to be true, and the decree was accordingly reversed, and the cause remanded for further proceedings. In disposing of the case on the second trial the court below said:

The court then ruled that certain defenses interposed by answer were disposed of by the decision on the former appeal, and that certain other defenses were obviously lacking in merit. A decree was thereupon entered in favor of the plaintiff, in accordance with the prayer of the complaint, and in accordance with the mandate of this court. From that decree the defendant has appealed.

There is no serious contention that the court below failed or refused to carry out the mandate of this court on the second…