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MATTER OF BROOKLYN UNION GAS CO. v. CASHMORE

4 N.Y.2d 727 (1958)

In the Matter of Brooklyn Union Gas Company, Appellant, v. John Cashmore, as President of the Borough of Brooklyn, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 24, 1958.

Attorney(s) appearing for the Case

Jackson A. Dykman for appellant.

Peter Campbell Brown, Corporation Counsel (James J. Thornton, Seymour B. Quel and William A. Marks of counsel), for respondents.

Chief Judge CONWAY and Judges FULD, FROESSEL and VAN VOORHIS concur in Per Curiam opinion; Judge BURKE dissents in an opinion in which Judges DESMOND and DYE concur.

Per Curiam.

Whether the gas regulator involved is embraced within the terms of petitioner's franchise, under petitioner's contention that it is similar in function and scope to other devices heretofore treated as part of its distribution system, should not be decided upon the conflicting affidavits of the experts of the respective parties as to its nature and functions, and the manner, necessity and feasibility of its...

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