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UTILITIES v. N. E. PETROLEUM

60 A.D.2d 233 (1977)

Orange and Rockland Utilities, Inc., Respondent, v. New England Petroleum Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1977

Attorney(s) appearing for the Case

Samuel N. Greenspoon of counsel (Charles G. Mills, IV, with him on the brief; Eaton, Van Winkle, Greenspoon & Grutman, attorneys), for appellant.

Andrew Gansberg of counsel (Taylor R. Briggs with him on the brief; Le Boeuf, Lamb, Leiby & MacRae, attorneys), for respondent.

Peter H. Schiff for Public Service Commission, amicus curiae.

KUPFERMAN, J. P., EVANS and CAPOZZOLI, JJ., concur.

LYNCH, J.

Appellant New England Petroleum Corporation (NEPCO) contracted to deliver fuel oil to respondent Orange and Rockland Utilities, Inc. (Orange), a public utility. In this action to recover alleged overcharges Orange does not dispute that, pursuant to its rate structure on file with the Public Service Commission, it is able, after a two-month time lag, to pass along the overcharges to its customers. It...

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