OTTINGER v. CONSOLIDATED GAS CO.

No. 357.

272 U.S. 576 (1926)

OTTINGER, ATTORNEY GENERAL OF NEW YORK, v. CONSOLIDATED GAS COMPANY OF NEW YORK.

Supreme Court of United States.

Decided November 29, 1926.


Attorney(s) appearing for the Case

Mr. John Holley Clark, Jr., with whom Messrs. Albert Ottinger, Attorney General of New York, William Hayward, and Charles E. Buchner were on the brief, for appellant.

Messrs. John A. Garver and William L. Ransom for appellee.


MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

In Newton v. Consolidated Gas Company, 258 U.S. 165, decided March 6, 1922, this Court held that Chapter 125, New York Laws 1906, which prescribed an eighty cent per thousand feet gas rate, had become confiscatory and should not be enforced. Thereafter the New York Public Service Commission made careful investigation of the property and operations of appellee and...

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