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  5. 17 N.Y.2d 373 (1966)
 

MATTER OF GEN. TEL. CO. v. LUNDY

17 N.Y.2d 373 (1966)

In the Matter of General Telephone Company of Upstate New York, Inc., Appellant, v. James A. Lundy et al., Constituting the Public Service Commission of the State of New York, Respondents.

Court of Appeals of the State of New York.

Decided June 2, 1966.

Attorney(s) appearing for the Case

Everett I. Willis, Edward N. Sherry, William C. Sterling, Jr., John Robert Jones and Edward L. Wilkinson for appellant.

Kent H. Brown and Charles R. Gibson for respondents.

Chief Judge DESMOND and Judges SCILEPPI, BERGAN and KEATING concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion in which Judge BURKE concurs.

FULD, J.

The petitioner, a wholly owned subsidiary of General Telephone and Electronics Corporation (GT&E), provides telephone service to 13 counties in upstate New York. In January of 1963, it filed with the Public Service Commission certain proposals for rate increases. Following 12 days of hearings, the commission entered an order approving increases but for amounts considerably less than those sought...

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