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CITY OF NEW YORK v. NEW YORK TELEPHONE COMPANY

Nos. 2-1, 2-2.

468 F.2d 1401 (1972)

The CITY OF NEW YORK, Appellant, v. The NEW YORK TELEPHONE COMPANY, Appellee. GRASSROOTS ACTION INC. & John B. O'Sullivan, Individually and on Behalf of All Others Similarly Situated, Appellants, v. NEW YORK TELEPHONE COMPANY, Appellee.

Temporary Emergency Court of Appeals.

June 30, 1972.

Attorney(s) appearing for the Case

Alexander Gigante, Jr., Asst. Corp. Counsel (J. Lee Rankin, Corp. Counsel and Peter C. Demetri, Garden City, N. Y., on the brief), for appellant, the City of New York.

Mark Alan Siegel, New York, for appellants, Grassroots Action Inc., and others.

Lawrence E. Walsh, New York City (Davis, Polk & Wardwell, Philip C. Potter, Jr., Guy M. Struve, Robert S. Snyder, G. Wallace Bates, Edward L. Friedman and Raymond F. Scully, New York City, on the brief), for appellee.

Before TAMM, Chief Judge, and HASTIE and CHRISTENSEN, Judges.

TAMM, Chief Judge.

Appellants, the City of New York, Grassroots Action Inc., and John B. O'Sullivan, initiated suit against the New York Telephone Company in the district court on February 8 and 10, 1972, asserting violation of the Economic Stabilization Act of 1970,1 as amended in 1971,2 seeking declaratory and injunctive relief against an increase in the Company...

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