KINGS COUNTY LIGHTING CO. v. PRENDERGAST


7 F.2d 192 (1925)

KINGS COUNTY LIGHTING CO. v. PRENDERGAST et al.

District Court, E. D. New York.

June 30, 1925.


Attorney(s) appearing for the Case

Samuel F. Moran and John D. Monroe, both of New York City, for plaintiff.

Charles G. Blakeslee, of Binghamton, N. Y., and Sherman C. Ward, of Albany, N. Y., for Public Service Commission.

William Hayward, John Holley Clark, Jr., and Anthony P. Ludden, all of New York City, for the 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).


MANTON, Circuit Judge.

This suit seeks to have declared as unconstitutional and void chapter 899 of the Laws of 1923, which reads as follows:

"A gas corporation engaged in the business of manufacturing, furnishing or selling illuminating gas in a city containing a population of one million or over shall not charge or receive for gas furnished or sold in such city a sum per one thousand cubic feet in excess of one dollar, nor furnish in such city gas of a standard...

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