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  5. 34 N.Y.2d 725 (1974)
 

MATTER OF LONG ISLAND LIGHTING CO. v. INDUS. COMM'R OF NEW YORK STATE

34 N.Y.2d 725 (1974)

In the Matter of Long Island Lighting Company, Appellant-Respondent, v. Industrial Commissioner of New York State, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1974.

Attorney(s) appearing for the Case

James J. Dean and Edward F. Callan for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Mortimer Sattler, Samuel A. Hirshowitz, Irving L. Rollins and Joan B. Scherb of counsel), for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.

MEMORANDUM.

We affirm the order of the Appellate Division remitting the matter to the respondent for a further hearing. We point out, however, that we are persuaded to do so in large measure because petitioner, as a public utility, is not in the status of a competitor with those contractors comprising the sources of respondent's statistical information that served as a basis for its determination of the prevailing rate of...

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