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CAPITAL v. PATTERSONVILLE

56 N.Y.2d 11 (1982)

Capital Telephone Company, Inc., et al., Respondents, v. Pattersonville Telephone Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 13, 1982.

Attorney(s) appearing for the Case

James B. Ayers for appellants.

Keith J. Roland for respondents.

Robert Abrams, Attorney-General (Robert T. Perry, Shirley Adelson Siegel and Lloyd Constantine of counsel), amicus curiae.

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

MEYER, J.

Plaintiffs' complaint in this action brought under the provisions of the Donnelly Act (General Business Law, §§ 340-347) alleging violation by defendants and New York Telephone Company (NYT) of the antitrust proscriptions of that act is not precluded by the Public Service Commission's prior dismissal of plaintiffs' complaint to that body pursuant to section 91 of the Public Service Law alleging...

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