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MTR. OF U. S. TUBE CO. v. FEINBERG

7 A.D.2d 591 (1959)

In the Matter of United States Tube & Foundry Company, Inc., Petitioner, v. Benjamin F. Feinberg et al., Constituting The 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.

April 23, 1959.

Attorney(s) appearing for the Case

Koblenz & Koblenz (Edmund A. Koblenz and A. Abba Koblenz of counsel), for petitioner.

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

Whitman, Ransom & Coulson (Arthur L. Webber and Dugald C. Brown of counsel), for Consolidated Edison Company of New York, Inc., respondent.

BERGAN, COON, HERLIHY and REYNOLDS, JJ., concur.

FOSTER, P. J.

In this proceeding under article 78 of the Civil Practice Act, petitioner seeks a review and annulment of a determination of the Public Service Commission that dismissed, after hearings, a complaint by petitioner of undue discrimination on the part of the Consolidated Edison Company of New York (hereafter called Edison) for a refusal to furnish non-standard

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