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ERIE CO. WATER AUTH. v. W. N. Y. WATER CO.

304 N.Y. 342 (1952)

Erie County Water Authority, Respondent, v. Western New York Water Company et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 15, 1952

Attorney(s) appearing for the Case

Reid S. Moule and Milton S. Gould for appellants.

Laurence J. Olmsted and Melvin L. Bong for respondent.

LEWIS, FULD and FROESSEL, JJ., concur with LOUGHRAN, Ch. J.; CONWAY, J., dissents in opinion in which DESMOND and DYE, JJ., concur.

LOUGHRAN, Ch. J.

This condemnation proceeding was instituted in the County Court of Erie County by the plaintiff Erie County Water Authority to acquire property rights of the defendants Western New York Water Company and New York Water Service Corporation. When the issues came on to be heard, counsel for the defendant companies orally moved the County Court for an order prohibiting Laurence J. Olmsted, a member...

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