Case Citator › Pennsylvania Gas Co. v. Public Service Commission

Pennsylvania Gas Co. v. Public Service Commission

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
252 U.S. 23
Decided
Confirmed treatments
1
Flagged citations read
3 of 3
Treatment dates
1931
Overruled in part
A reviewed court has overruled part of this case’s holding. Overruled in part. East Ohio Gas Co. v. Tax Commission of Ohio disapproved Pennsylvania Gas to the extent it classified gas delivered through a local distribution system as interstate commerce.
More on how this was screened

Pennsylvania Gas's separate conclusion that the state could regulate local consumer rates before federal action was not rejected. All three flagged citations have been read. The Constitution Annotated lists Pennsylvania Gas as overruled by East Ohio Gas; East Ohio Gas expressly limited its disapproval to the conflicting part of the earlier opinion.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3 citations to Pennsylvania Gas Co. v. Public Service Commission sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The Supreme Court disapproved Pennsylvania Gas's interstate commerce classification to the extent it conflicted with the rule that local gas distribution is intrastate business.

    East Ohio Gas Co. v. Tax Commission of Ohio · Supreme Court of the United States · filed

    It does not appear that there were presented, in Pennsylvania Gas Co. v. Public Serv. Comm., to the state court or here the considerations on which it is held that interstate commerce ends and intrastate business begins when gas flowing through pipe lines from outside the State passes into local distribution systems for delivery to consumers in the municipalities served. But, however that may be, the opinion in that case must be disapproved to the extent that it is in conflict with our decision here.
    Read the full opinion on CourtListener →

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