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CITY OF NEW YORK v. CONSOLIDATED GAS CO.

No. 566.

253 U.S. 219 (1920)

CITY OF NEW YORK v. CONSOLIDATED GAS COMPANY OF NEW YORK ET AL.

Supreme Court of United States.

Decided June 1, 1920.

Attorney(s) appearing for the Case

Mr. Vinceni Victory, with whom Mr. William P. Burr and Mr. John P. O'Brien were on the brief, for appellant.

Mr. John A. Garver for appellees.

Mr. Wilbur W. Chambers, Mr. Charles D. Newton, Attorney General of the State of New York, and Mr. Robert S. Conklin, Deputy Attorney General of the State of New York, filed a separate brief on behalf of Newton, appellee.

Memorandum opinion by direction of the court, by MR. JUSTICE DAY.

The Consolidated Gas Company of New York brought suit to enjoin the enforcement of the New York eighty-cent gas law. The jurisdiction was invoked solely upon the ground that the rate was confiscatory and hence violated constitutional rights of the company. The City of New York applied for leave to intervene as a party defendant in the action. The District Judge denied the petition for intervention,...

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