U. S. LIGHT & HEAT CORP. v. NIAGARA FALLS GAS & E. LIGHT CO.


23 F.2d 719 (1927)

U. S. LIGHT & HEAT CORPORATION v. NIAGARA FALLS GAS & ELECTRIC LIGHT CO. et al. (HAMANN, Intervener).

District Court, W. D. New York.

November 4, 1927.


Attorney(s) appearing for the Case

Parker & Parker, of Niagara Falls, N. Y. (Alan V. Parker, of Niagara Falls, N. Y., of counsel), for plaintiff.

Williams & Williams, of Buffalo, N. Y. (Harry D. Williams, of Buffalo, N. Y., of counsel), for defendant Niagara Falls Gas & Electric Light Co.

Charles G. Blakeslee, of Binghamton, N. Y. (Russel B. Burnside, of Albany, N. Y., of counsel), for defendant Public Service Commission of New York.

Geo. W. Knox, of Niagara Falls, N. Y., for defendant city of Niagara Falls, N. Y.

Dudley, Gray & Phelps, of Niagara Falls, N. Y., for intervener.


HAZEL, District Judge.

The plaintiff, United States Light & Heat Corporation, is engaged in business at Niagara Falls, N. Y., producing storage batteries, a leaden structure which in the making requires fuel for melting the lead. For that purpose, it uses a large quantity of fuel oil as a substitute for gas, but, owing to the large expense of fuel oil, as compared with the cost of gas, it desires to secure the latter for fuel from the defendant Niagara Falls Gas...

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