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POWER AUTH. OF ST. OF N. Y. v. DEPARTMENT OF ENVIRON. CON.

No. 74-CV-151.

379 F.Supp. 243 (1974)

POWER AUTHORITY OF the STATE OF NEW YORK, Plaintiff, v. DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF the STATE OF NEW YORK, and James L. Biggane, as Commissioner of the Department of Environmental Conservation of the State of New York, and Individually, Defendants.

United States District Court, N. D. New York.

May 2, 1974.

Attorney(s) appearing for the Case

Scott B. Lilly, Gen. Counsel & Atty., Power Authority of the State of New York, New York City, for plaintiff; John R. Davison, Associate Gen. Counsel, Francis X. Wallace, Sp. Counsel, Albany, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y., for defendants; Stanley Fishman, Olin Harper LeCompte, Asst. Attys. Gen., Howard A. Fromer, Deputy Asst. Atty. Gen., of counsel.

JAMES T. FOLEY, Chief Judge.

MEMORANDUM-DECISION and ORDER

Plaintiff, the Power Authority of the State of New York (PASNY), seeks a mandatory injunction and declaratory and other relief against the Department of Environmental Conservation of the State of New York and its Commissioner, James L. Biggane, as Commissioner and individually. The defendant Department will be referred to herein as ENCON. Jurisdiction is asserted under 28 U.S.C. A. § 1337 and...

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