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MTR. OF NAT. MDSE. v. PUB. SERV. COMM.

5 A.D.2d 366 (1958)

In the Matter of National Merchandising Corp., Petitioner, v. Public Service Commission of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 27, 1958.

Attorney(s) appearing for the Case

William E. Hegarty and A. Warren Wilkinson for petitioner.

Kent H. Brown and George H. Kenny for Public Service Commission, respondent.

Edward S. Wood for Cazenovia Telephone Corporation, respondent.

Sidney B. Gordon and Frederick C. Stimmel for Seneca-Gorham Telephone Corporation, respondent.

FOSTER, P. J., BERGAN and GIBSON, JJ., concur.

COON, J.

The provision under attack by petitioner, as finally approved by the Public Service Commission, reads: "Telephone directories distributed from time to time by the Telephone Company remain the property of the Telephone Company, shall not be mutilated, and shall be surrendered upon request or upon delivery of the subsequent issue. No binder, holder, insert, auxiliary cover or attachment of any kind not...

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