NEW YORK STATE ELEC. & G. CORP. v. PUBLIC SERVICE COM'N.

No. 132.

102 F.2d 453 (1939)

NEW YORK STATE ELECTRIC & GAS CORPORATION v. PUBLIC SERVICE COMMISSION OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

March 6, 1939.


Attorney(s) appearing for the Case

Travis, Brownback & Paxson, of New York City (Warnick J. Kernan, of Utica, N. Y., and Jesse J. Holland, of New York City, of counsel), for appellant.

Gay H. Brown, of Albany, N. Y. (John T. Ryan, of Cortland, N. Y., and Laurence J. Olmsted, of Syracuse, N. Y., of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal by the New York State Electric and Gas Corporation (hereafter for brevity called the Company) from a dismissal of its bill of complaint seeking to enjoin enforcement of an order of the Public Service Commission of the state of New York. Since no application for an interlocutory injunction was pressed in the district court, the hearing was properly had before a single judge and an appeal from his order lies to this court. Smith...

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