UNITED STATES LIGHT & HEAT CORP. v. NIAGARA FALLS G. & E. L. CO.

No. 150.

47 F.2d 567 (1931)

UNITED STATES LIGHT & HEAT CORPORATION v. NIAGARA FALLS GAS & ELECTRIC LIGHT CO. et al. (HAMANN et al., Interveners).

Circuit Court of Appeals, Second Circuit.

February 2, 1931.


Attorney(s) appearing for the Case

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

Parker & Parker, of Niagara Falls, N. Y. (Alan V. Parker, of Niagara Falls, N. Y., of counsel), for defendant in error United States Light & Heat Corporation.

Dudley, Gray & Phelps, of Niagara Falls, N. Y. (Alpheus R. Phelps, of Niagara Falls, N. Y., of counsel), for defendant in error Adolph M. Hamann.

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

Arthur J. W. Hilly, Corp. Counsel, Solicitor for the City of New York, amicus curiæ (M. Maldwin Fertig, Harry Hertzoff, and Judson Hyatt, all of New York City, of counsel).

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

The plaintiff has a place of business in the city of Niagara Falls, where it is a user of fuel and claims that the use of gas by it would be more economic, efficient, and useful. This city is served with gas by the Niagara Falls Gas & Electric Light Company, and the plaintiff, while not claiming to be a consumer of gas, contends that it has a property right to the service of the gas company in that city. Hamann, a consumer of gas, who was...

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