Opinion

Gulf Oil Corp. v. Corporation Commission

  • 147 F. Supp. 640
  • 7 Oil & Gas Rep. 830
  • 1956 U.S. Dist. LEXIS 4142
Court
District Court, W.D. Oklahoma
Filed
Dec 19, 1956
Status
Published
Author
Chandler
On the bench
Chandler, Murrah, Wallace
Cited by
0 cases
Authority
More cited than 15.5%

The opinion

CHANDLER, Justice

(concurring).

I concur in the result reached by Judge Wallace. However, I am of the opinion that Gulf has not exhausted all necessary administrative remedies. It has not applied for relief under Paragraph 26 of the Corporation Commission order. For that reason the complaint should be dismissed.

Had all administrative remedies been exhausted without success, I agree with Judge Wallace that this Court should not assume equity jurisdiction. Gulf has not shown that the Oklahoma procedure for review of the contested order is in any way inadequate to preserve for ultimate review by the Supreme Court of the United States any federal question arising out of the order. As a matter of fact adequate and speedy remedy would be available by appeal to the Supreme Court of Oklahoma and thence to the Supreme Court of the United States. The power of a court of equity to act being *645 discretionary, the controlling principle announced in Alabama Public Service Commission v. Southern Railway Company, 341 U.S. 341 , 71 S.Ct. 762 , 95 L.Ed. 1002 , places upon us a duty to abstain under these circumstances.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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