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Southwestern Associated Tel. Co. v. City Dalhart Et Al.

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eBook details

  • Title: Southwestern Associated Tel. Co. v. City Dalhart Et Al.
  • Author : The Texas Court of Criminal Appeals
  • Release Date : January 24, 1952
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

This is an appeal from an interlocutory order denying a temporary injunction through an application for which appellant, Southwestern Associated Telephone Company, sought ultimate relief against appellees, The City of Dalhart and its city officials, in getting a raise in its city telephone rates. In support of its affirmative injunctive relief sought appellant pleaded by a verified pleading the authority of the City Council of the City of Dalhart, by virtue of Article 1119, Revised Civil Statutes, as amended, Vernons Ann.Civ.St. art. 1119, and a city ordinance enacted of date August 31, 1921, giving the said Council power and making it the duty of the Council to fix reasonable telephone rates for appellant, but the said City Council had refused to follow the mandate given it by the said authority to the irreparable injury of appellant by reason of losses suffered and the confiscation of its property. For which reasons appellant sought in this action to temporarily restrain appellees (1) from enforcing or attempting to enforce the collection from appellant of the telephone rates prescribed and set forth in the city ordinance pleaded by appellant as heretofore stated; (2) from assessing or seeking to enforce against appellant any fine or penalty because of appellants failure to charge and collect only the telephone rates prescribed and set forth in the city ordinance previously referred to; (3) and from interfering in any way with appellants promulgating, charging and collecting what it alleges to be fair and reasonable rates and charges for telephone services in Dalhart until the City Council shall prescribe fair and reasonable rates and charges for such telephone service in the said City. Appellant is seeking ultimate affirmative relief by means only of a restrictive order.


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