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NEW YORK & RICHMOND GAS CO. v. PRENDERGAST

10 F.2d 167 (1925)

NEW YORK & RICHMOND GAS CO. v. PRENDERGAST et al.

District Court, E. D. New York.

December 18, 1925.

Attorney(s) appearing for the Case

William L. Ransom and Jacob H. Goetz, both of New York City, and Frank H. Innes, of New Brighton, N. Y. (Frank H. Innes, of New Brighton, N. Y., of counsel), for plaintiff.

Charles G. Blakeslee, of Binghamton, N. Y. (Melvin L. Krulewitch, of New York City, of counsel), for defendants constituting Public Service Commission.

John Holly Clark, Jr., of New York City, for Albert Ottinger as Attorney General.

Before MANTON, Circuit Judge, and CAMPBELL and INCH, District Judges, holding court pursuant to section 266 of the Judicial Code (Comp. St. § 1243).

PER CURIAM.

This application is to confirm the report of the special master, who, after hearings and full consideration of the issues presented in this cause, in a carefully considered opinion, held that the plaintiff was entitled to judgment adjudging unconstitutional and void the provisions of chapters 898 and 899 of the Laws of 1923.

Chapter 898 provides: "Service Charges Prohibited. Every gas corporation shall charge for gas supplied a fair and...

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