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QUEENS BOROUGH GAS & ELECTRIC CO. v. PRENDERGAST

No. 1276.

31 F.2d 339 (1928)

QUEENS BOROUGH GAS & ELECTRIC CO. v. PRENDERGAST et al.

District Court E. D. New York.

May 2, 1928.

Attorney(s) appearing for the Case

Whitman, Ottinger, Ransom, Coulson & Goetz, of New York City (Jacob H. Goetz, of New York City, of counsel), for plaintiff.

Charles G. Blakeslee, of Binghamton, N. Y. (Charles E. Murphy, of New York City, of counsel), for defendant Public Service Commission of State of New York.

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

Before SWAN, Circuit Judge, and CAMPBELL and INCH, District Judges, holding court pursuant to section 266 of the Judicial Code (28 USCA § 380).

SWAN, Circuit Judge.

The bill of complaint challenges the constitutionality of chapter 899 of New York Laws of 1923, effective June 2, 1923, on the ground that it (1) impairs the obligation of a contract; (2) is confiscatory; and (3) denies to plaintiff the equal protection of the laws. The master correctly rejected the first contention, and properly confined his decision to the question of confiscation. Brooklyn Union Gas Co. v. Prendergast, 7 F.2d...

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