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EX PARTE TEXAS, 315 U. S. 8 (1942)

U.S. Supreme Court

Ex parte Texas, 315 U.S. 8 (1942)

Ex parte Texas

No. ___, Original

Argued December 8, 9, 1941

Decided January 12, 1942

315 U.S. 8


1. In Lone Star Gas Co. v. Texas, 304 U. S. 224, this Court decided that the company, in support of its claim that gas rates fixed by the Texas Railroad Commission were confiscatory, was entitled to make proof of confiscation on the basis of services rendered by an integrated system -- the basis on which the Commission fixed the rates in question -- but did not decide that the rates were confiscatory or in anywise foreclose a trial of that issue in the state courts. Pp. 315 U. S. 12-13.

2. Leave to file a petition for a mandamus directed to the Justices of the Supreme Court of a State, requiring them to conform their judgment to a decision of this Court determining federal questions earlier in the case, will not be granted where, by their return to the order to show cause, they show that the judgment of the state court was based not upon a misconception of this Court's decision, as alleged and relied upon in the petition for mandamus, but upon a construction and application of state law. P. 315 U. S. 14.

Motion denied.

Motion for leave to file a petition for a writ of mandamus against the Chief Justice and the Associate Justices of the Supreme Court of Texas, to bring a judgment of

Page 315 U. S. 9

that court in conformity with a controlling mandate of this Court. The Lone Star Gas Company was here granted leave to intervene, 314 U.S. 582.

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