State Of New York Court Of Appeals Edward Antenen Vs New York Telephone Company PDF Download

Appellants, the City of New York, Grassroots Action Inc., and John B. O'Sullivan, initiated suit against the New York Telephone Company in the district court on February 8 and 10, 1972, asserting violation of the Economic Stabilization Act of 1970,1 as amended in 1971,2 seeking declaratory and injunctive relief against an increase in the Company's New York intrastate rates approved by the New York State Public Service Commission on January 17, 1972, which were then under active review by the Price Commission. Despite allegations of failure to comply with the Price Commission's procedural regulations,3 the district court, 339 F. Supp. 198, on March 1, 1972, dismissed both complaints holding that appellants were required to submit their contentions initially to the Price Commission. This appellants did not do. On March 30, 1972, the Price Commission gave final approval to the Company's rate increase. 4 The instant appeals raised two questions. First, were appellants required to make their submission in the first instance to the Price Commission? Second, did the Company comply with the Commission's procedural regulations? Resolving the initial question adversely to appellants, we pretermit consideration of the latter, and accordingly affirm the judgment of the district court.