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

5 N.Y.2d 485 (1959)

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

Court of Appeals of the State of New York.

Decided April 9, 1959.

Attorney(s) appearing for the Case

Paul W. Williams, William E. Hegarty and A. Warren Wilkinson for appellant.

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.

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

BURKE, J.

This appeal, by permission of this court, involves a review of a determination of the Public Service Commission permitting several telephone companies to amend their tariffs to include the following regulation: "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...

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