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PRENDERGAST v. N.Y. TEL. CO.

No. 542.

262 U.S. 43 (1923)

43 S.Ct. 466

67 L.Ed. 853

PRENDERGAST ET AL., CONSTITUTING THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, ET AL. v. NEW YORK TELEPHONE COMPANY.

Supreme Court of United States.

Decided April 16, 1923.

Attorney(s) appearing for the Case

Mr. Simon Fleischmann and Mr. Wilber W. Chambers, with whom Mr. Carl Sherman, Attorney General of the State of New York, Mr. Ledyard P. Hale and Mr. Martin Clark were on the briefs, for appellants.

Mr. John W. Davis, with whom Mr. Charles T. Russell and Mr. Nathaniel T. Guernsey were on the brief, for appellee.

Mr. George P. Nicholson, Mr. M. Maldwin Fertig and Mr. Harry Hertzoff, by leave of court, filed a brief on behalf of the City of New York, as amici curiae.

MR. JUSTICE SANFORD delivered the opinion of the Court.

This is an appeal, under § 266 of the Judicial Code, from an order of the District Court enjoining pendente lite the enforcement of orders of the Public Service Commission of New York prescribing maximum rates for the exchange service of the Telephone Company.

The Commission, having entered upon an investigation as to the rates charged by the Company for telephone service within the State...

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