Public Utilities Commission For State of Kansas v. Landon Kansas City, Missouri v. Landon Kansas City Gas Company v. Kansas Natural Gas Company Public Utilities Commission State of Kansas v. Landon

Decision Date28 April 1919
Docket NumberNo. 353,No. 330,No. 277,No. 329,277,329,330,353
Citation39 S.Ct. 389,63 L.Ed. 791,249 U.S. 590
PartiesThe PUBLIC UTILITIES COMMISSION FOR STATE OF KANSAS et al., appellants, v. John M. LANDON, as receiver of the Kansas Natural Gas Company et al. KANSAS CITY, MISSOURI, et a., appellants, v. John M. LANDON, receiver, etc., et al. KANSAS CITY GAS COMPANY et al., appellants, v. KANSAS NATURAL GAS COMPANY et al. The PUBLIC UTILITIES COMMISSION for STATE OF KANSAS et al., appellants, v. John M. LANDON, as receiver, etc., at al
CourtU.S. Supreme Court

Mr. J. W. Dana, of Kansas City, Mo., for Kansas City Gas Co. and others.

Mr. Charles Blood Smith, of Topeka, Kan., for Fidelity Title & Trust Co.

Mr. Floyd E. Harper, of Leavenworth, Kan. (Mr. Thomas F. Doran, of Topeka, Kan., of counsel), for Leavenworth, Light, Heat & Power Co.

Messrs. John H. Atwood, of Kansas City, Mo., Robert Stone, of Topeka, Kan., and

Chester I. Long, of Wichita, Kan., for Landon.

Mr. John J. Jones, of Chanute, Kan., for Sharitt.

Messrs. R. A. Brown, of St. Joseph, Mo., and T. S. Salathiel, of Independence, Kan., for Kansas Natural Gas Co. Mr. J. M. Chaliss, of Atchison, Kan. (Mr. W. P. Waggener, of Atchison, Kan., of counsel), for Atchison Railway, Light & Power Co.

Mr. Charles A. Loomis, of Kansas City, Mo., for petitioners and appellees.

In these cases it is ordered that the decree entered March 17, 1919 (249 U. S. 236, 39 Sup. Ct. 268, 63 L. Ed. 577), be vacated and decree now entered as follows: The decrees below are reversed and the cause is remanded to the trial court with directions to hear it anew and determine all the issues involved, including those arising on the several bills, cross bills, and answers in the nature of cross bills, in conformity with the views expressed in the opinion of this court; and to take such further proceedings as may be appropriate and consistent with such opinion. All temporary injunctions in force at the time of the entry of the decrees from which appeals were taken here shall be continued in force until otherwise ordered. The costs in this court will be paid one-half by John M. Landon, receiver of the Kansas Natural Gas Company, and the remainder shall be paid, one-third by each of the three groups of appellants.

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7 cases
  • State v. Lone Star Gas Co.
    • United States
    • Texas Court of Appeals
    • July 10, 1935
    ... ... and others against the Lone Star Gas Company, to restrain the defendant from violating an r of the Railroad Commission. From a judgment granting an injunction, ... L. Kuykendall, Chief Examiner, Gas Utilities Division, Railroad Commission of Texas, all of ... , bill and receive for domestic gas at the city gate from all distributing companies served by ... the fair value of its property used in the public service. In reply, the commission asserted the ... public service of delivering and selling natural gas to the distributing companies at the city ... S.) 1151, Ann. Cas. 1916A, 18; West v. Kansas Natural Gas Co., 221 U. S. 229, 31 S. Ct. 564, 55 ... (N. S.) 1193; Public Utilities Comm. v. Landon, 249 U. S. 236, 39 S. Ct. 268, 63 L. Ed. 577; ... Missouri v. Kansas Natural Gas Co., 265 U. S. 298, 44 S ... ...
  • United States v. Pan-American Petroleum Co.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 14, 1932
    ...241 F. 16, 23, 24; remanded for modification in conformance with statute passed after judgment had been handed down, 249 U. S. 589, 39 S. Ct. 387, 63 L. Ed. 791: "In none of those cases did the government seek to establish title to any of the lands herein involved, or to compel the observan......
  • Gulf Water Benefaction Co. v. Public Utility Commission of Texas, 81-2370
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 30, 1982
    ...pursuant to the provisions of the tenth amendment of the United States Constitution. Public Utilities Commission for State of Kansas v. Landon, 249 U.S. 236, 39 S.Ct. 389, 63 L.Ed. 791 (1919). In Texas, it is fundamental that the fixing of domestic utility rates is a legislative function of......
  • Myron Green Cafeterias Co. v. Kansas City, Mo.
    • United States
    • Missouri Supreme Court
    • April 8, 1922
    ...This is based upon the vacation, April 28, 1919, of the original decree of date March 17, 1919. 249 U. S. loc. cit. 590, 591, 39 Sup. Ct. 389 (63 L. Ed. 791). The order of vacation and, new decree is as "In these cases it is ordered that the decree entered March 17, 1919, be vacated and dec......
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