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  5. 51 N.Y.2d 823 (1980)
 

ROCHESTER GAS & ELEC. CORP. v. PUB. SERV. COMM'N OF THE STATE OF NEW YORK

51 N.Y.2d 823 (1980)

Rochester Gas and Electric Corporation, Appellant, v. Public Service Commission of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1980.

Attorney(s) appearing for the Case

Richard N. George and William S. Andrews for appellant.

Howard J. Read, Peter H. Schiff and Sigrid J. Hammond for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.

MEMORANDUM.

The determination appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

On this appeal, petitioner utility asserts that it has a First Amendment right to have its ratepayers bear the expense of certain informational advertising which the Public Service Commission has found to be unnecessary to the furnishing...

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