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ROCHESTER GAS & ELEC. CORP. v. PUBLIC SERVICE COM'N

No. 309, Docket 84-7562.

754 F.2d 99 (1985)

ROCHESTER GAS AND ELECTRIC CORPORATION, Plaintiff-Appellant, v. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 29, 1985.

Attorney(s) appearing for the Case

Richard N. George, Rochester, N.Y. (Robert L. Daileader, Jr., Timothy J. Simpson, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., of counsel), for plaintiff-appellant.

Lawrence G. Malone, Albany, N.Y. (David E. Blabey, Albany, N.Y., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and MANSFIELD and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Appellant Rochester Gas and Electric Corporation (RG & E) appeals from a final judgment of the United States District Court for the Western District of New York, Telesca, J., dismissing RG & E's complaint pursuant to Fed.R.Civ.P. 12(b)(6). In its complaint, RG & E seeks a declaratory judgment that the New York Public Service Commission's (PSC) policy of including an estimate of RG & E's wholesale electric sales in RG...

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