COLUMBIA GAS v. N. Y. ELEC. & GAS


28 N.Y.2d 117 (1971)

Columbia Gas of New York, Inc., Respondent, v. New York State Electric & Gas Corporation, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1971.


Attorney(s) appearing for the Case

Frederic H. Lawrence and Paul C. Gouldin for appellant.

Robert M. Diggs for respondent.

Judges BURKE, SCILEPPI and GIBSON concur with Chief Judge FULD; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judges BERGAN and JASEN concur.


Chief Judge FULD.

This is an action in which the plaintiff, Columbia Gas, seeks a declaration that certain contracts which defendant New York State Electric and Gas — one of the plaintiff's competitors in upstate New York — has made or wishes to make with various municipalities are violative of section 65 of the Public Service Law and section 340 of the General Business Law, the so-called Donnelly...

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