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NEW JERSEY SUBURBAN WATER CO. v. BOARD OF PUB. UTI

June 20, 1938

NEW JERSEY SUBURBAN WATER CO.
v.
BOARD OF PUBLIC UTILITY COM'RS et al.



The opinion of the court was delivered by: FAKE

FAKE, District Judge.

The issue which is dispositive of this case arises on a motion to dismiss the complaint.

 The complaint, among other things, discloses that the plaintiff is a public service corporation, engaged in selling water to the defendant municipal corporation, and in the course of mutual dealings between the parties, contracts were entered into with relation to the rates to be charged for the service thus rendered. A dispute arose as to the rates and the issues involved were heard before the Board of Public Utility Commissioners of the State of New Jersey resulting in the establishment or fixing of a rate which, plaintiff urges, is confiscatory and in violation of its constitutional rights in that its property is being taken thereby without due process of law. Injunctive relief is sought.

 The dispositive issue above mentioned is found in the question as to the adequacy of the remedies provided in the courts of the State of New Jersey.

 In this connection, attention is directed to the Johnson Act, 48 Stat. c. 283, p. 775, 28 U.S.C.A. § 41 (1, 1a), the material part of which, for present purposes, provides that "no district court shall have jurisdiction of any suit to enjoin * * * the enforcement * * * of any order of an administrative board or commission of a State, or any rate-making body * * * thereof * * * where jurisdiction is based solely upon the ground of * * * the repugnance of such order to the Constitution of the United States, where such order * * * (3) has been made after reasonable notice and hearing, and where a plain, speedy, and efficient remedy may be had at law of in equity in the courts of such State."

 From the foregoing, it is clear that the laws of New Jersey furnish the "plain, speedy and efficient remedy", which is safeguarded by the Johnson Act, and this Court is therefore without jurisdiction to hear the cases.

 An order will be entered dismissing the complaint.

19380620

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