264 F. 506 | 8th Cir. | 1920
This is an appeal by the city of Des Moines from an order refusing to dissolve a temporary injunction restraining the enforcement of an ordinance fixing a gas rate, upon the ground that it was confiscatory and therefore unconstitutional. The injunction was granted upon a reinstatement of the suit of Des Moines Gas Co. v. City of Des Moines (D. C.) 199 Fed. 204; Id., 238 U. S. 153, 35 Sup. Ct. 811, 59 L. Ed. 1244. The suit was begun by the company in 1910. In 1912, upon proofs and the report of a master, the trial court dismissed it “with prejudice,” and with further provision in the decree that the company might after three years have the cause reinstated for further hearing upon the same record and such additional pleadings and evidence as each party might deem advisable. In 1915 the Supreme Court affirmed the decree, with a modification that the dismissal be without, instead of with, prejudice. In 1918, more than three years after the decision of the Supreme Court, the trial court reinstated the cause upon the motion of the company and allowed it to file an amended and supplemental bill. The temporary injunction now attacked was granted shortly afterwards by Judge Wade of the District Court.
The order of injunction is modified, by excluding from it the provisions as to future ordinances, and as so modified, it is affirmed.