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McCart v. Indianapolis Water Co., 302 U.S. 419 (1938)

McCart v. Indianapolis Water Co.

No. 90

Argued December 15, 1937

Decided January 3, 1938

302 U.S. 419


1. A suit for a permanent injunction of state-made rates alleged to be confiscatory, no interlocutory injunction being prayed, is properly heard in the District Court by one judge. P. 302 U. S. 420.

2. In a suit praying a permanent, but not a temporary, injunction against state-made rates already in effect, upon the ground of confiscation, it was erroneous to value the plaintiff's property as of the date of decree upon proofs taken and concluded thirty-two months previously, and to dismiss the bill on that valuation, without regard to known economic changes, and the actual results of the plaintiff's business, in the interval. P. 302 U. S. 422.

89 F.2d 522 affirmed with modification.

Certiorari, post, p. 665, to review the reversal of a decree, 13 F.Supp. 110, which dismissed a bill to enjoin the enforcement of water rates fixed by the Public Service Commission of Indiana.

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