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BROOKLYN BOROUGH GAS CO. v. PRENDERGAST

No. E-1275.

16 F.2d 615 (1926)

BROOKLYN BOROUGH GAS CO. v. PRENDERGAST et al.

District Court, E. D. New York.

December 13, 1926.

Attorney(s) appearing for the Case

Whitman, Ottinger, Ransom, Coulson & Goetz, of New York City (William L. Ransom, Jacob H. Goetz, and Robert E. Coulson, all of New York City, of counsel), for plaintiff.

Charles G. Blakeslee, of Binghamton, N. Y. (Charles E. Murphy, of Brooklyn, N. Y., of counsel), for defendant Public Service Commission.

John Holley Clark, Jr., of New York City (Francis R. Stoddard, Sp. Deputy Atty. Gen., of counsel), for defendant Attorney General.

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

MANTON, Circuit Judge.

The special master appointed in this suit has reported that the New York state statute (chapter 899 of the Laws of 1923) which prohibits the plaintiff, as a public utilities corporation engaged in furnishing gas to inhabitants of the borough of Brooklyn, city of New York, from making a charge in excess of $1 per thousand cubic feet and requiring gas furnished to have a standard of not less than 650 British thermal units, is unconstitutional...

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