Download or read book City of New York Plaintiff appellant V New York Telephone Company Defendant appellee Grassroots Action Inc John B O Sullivan Individually and on Behalf of All Others Similarly Situated plaintiffs appellants V New York Telephone Company Defendant appellee written by United States. District Court (New York : Southern District) and published by . This book was released on 1972 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The City of New York Plaintiff Against The New York Telephone Company Defendant Grassroots Action Inc and John B O Sullivan Individually and on Behalf of All Others Similarly Situated Plaintiffs Against New York Telephone Company Defendant written by United States. District Court (New York : Southern District) and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The People of the State of New York Plaintiffs and Respondents Against William M Tweed Impleaded with the Mayor Aldermen and Commonalty of the City of New York Defendant and Appellant written by William Marcy Tweed (defendant.) and published by . This book was released on 1876 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States Circuit Court Southern District of New York written by American Bell Telephone Company and published by . This book was released on 1886 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ogden R Reid on Behalf of Himself and All Others Similarly Situated Plaintiff Against Price Commission New York Telephone Company and the United States of America Defendants written by United States. District Court (New York : Southern District) and published by . This book was released on 1972* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Plaintiff Ogden R. Reid requests that the defendant Price Commission (hereinafter the "Commission"), by an officer thereof, answer under oath, in accordance with Rule 33 of the Federal Rule of Civil Procedure, the following interrogatories: 1) Identify each submission made the New York Telephone Company (hereinafter, the "Telephone Company") or by its parent, American Telephone & Telegraph Corporation (hereinafter "AT&T"), to the Price Commission in connection with the rate increases which are the subject of this action (hereinafter the "rate increases"); indicate the date upon which each such submission was made; and describe the documents included with each such submission.

Download or read book The City of New York on Behalf of Itself and Its Residents Plaintiff Against the United States of America the Price Commission and the New York Telephone Company Defendants written by United States and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On May 19, 1972 the plaintiff City of New York moved by order to show cause for a preliminary injunction which would enjoin and restrain the application of the defendant Price Commission's order of March 30, 1972 to the extent that such order approved the defendant New York Telephone Company's increase of rates for coin telephone and hotel guest calls. The requested preliminary injunction would also enjoin and restrain the Company from making any charges for coin telephone and hotel guest calls under rates which exceed the rates for such calls in effect prior to February 3, 1972.

Download or read book The City of New York Plaintiff appellant Against Empire City Subway Co Ltd Defendant respondent written by New York (State). Supreme Court and published by . This book was released on 1913 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The People s Telephone Company Et Al Appellants Vs the American Bell Telephone Company Et Al Appellees the Overland Telephone Company Et Al Appellants Vs the American Bell Telephone Company Et Al Appellees written by and published by . This book was released on 1887* with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States Circuit Court Southern District of New York written by American Bell Telephone Company and published by . This book was released on 1884 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York Telephone Company Vs Public Service Commission of the State of New York written by New York (N.Y.). Law Department. U.S. District Court. N.Y., Southern District of and published by . This book was released on 1929 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The New York Telephone Company written by United States. District Court (New York : Southern District) and published by . This book was released on 1924 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York Telephone Company Plaintiff Against William A Prendergast etc written by New York Telephone Company and published by . This book was released on 1929 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York Telephone Company Vs the Public Service Commission NYC written by New York (N.Y.). Law Department. U.S. District Court. N.Y., Southern District of and published by . This book was released on 1929 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book 431 Fifth Avenue Corporation Plaintiff respondent Against the City of New York Defendant appellant written by New York (State). Court of Appeals and published by . This book was released on 1946 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The People s Telephone Company and Others Appellants Vs the American Bell Telephone Company and Others Appellees the Overland Telephone Company and Others Appellants Vs the American Bell Telephone Company and Others Appellees written by and published by . This book was released on 1887 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York Telephone Company Plaintiff Against William A Prendergast Et Al Constituting the Public Service Commission and Albert Ottinger as Attorney General Defendants and the City of New York Intervenor defendant written by George P. Nicholson and published by . This book was released on 1929 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York Telephone Company V Public Service Commission written by New York (State). Supreme Court. County of Albany and published by . This book was released on 1970 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Plaintiff-petitioner New York Telephone Company (the "Company") has commenced an article 78 proceeding and an action for a permanent injunction against the Public Service Commission of the State of New York (the "Commission"), both in relation to a final decision by the Commission pertaining to a rate increase sought by the Company (CPLR 7801, 6301). Incident to the action for an injunction the Company seeks a preliminary injunction pending the trial of the action and also a stay of the implementation of the final rates fixed by the Commission which were scheduled to go into effect on October 15, 1970. At the conclusion of the oral argument on October 9, I extended the stay until such time as the within matter was decided. On March 20, 1969, the Company filed a rate increase with the Commission designed to produce an additional $175 million annually. The Commission suspended this increase for 10 months and allowed an interim increase of $136 million on February 24, 1970, which on July 1, 1970 was reduced in its final order to approximately $105 million. It ordered refunds for the excesses of the interim rates during the period they were in effect. On June 16, 1970, the Company filed a petition to reopen the hearings, which application was denied in the final order of July 1. On July 9 the Company petitioned the Commission for a stay of the July 1 order pending the filing and disposition of a petition for rehearing. The Commission ordered a stay of its July 1 order on July 13 and on July 28 the Company petitioned for a rehearing alleging that the rate of return under the interim rates was confiscatory. On September 1, 1970, the Commission, by a three to two vote, issued an order denying the Company's application for rehearing but amending the July 1 order to provide an increase in revenues to approximately $120 million. Thereafter some additional relief was sought but denied by the Commission and the Company commenced the present action. All of the above chronology is undisputed as are all of the material facts relating thereto. The hearings on the proposed rate increase were held between May 7, 1969 and October 1, 1969, during which time 5,275 pages of testimony were taken and 138 exhibits received in evidence. It appears that the Company, with the consent of the Commission, selected the year 1968 as the test period for determining the rate increase, a year that produced a rate of return of 8.87%. In its decision of July 1 the Commission determined that a reasonable rate of return for the Company would be 7.875%. The record reveals that an allowance of the fully $175 million increase in revenue, according to the Company's calculations at that time, would produce a rate of return of 8.89% before providing for attrition, a factor that takes into consideration increased costs resulting from general inflation. Once the Company determined that the forecast was quite divergent from experience, it submitted proof of its actual experience for the first three months under the interim rates which show that the Company's rate of return was only 5.78%. As indicated above, the petition to reopen the hearings was denied and at a later date in the petition for rehearing of the order of July 1, the Company submitted proof of the actual rate of return under the interim rates from March through August, 1970, which rate was shown to be 5.69%. The Company also showed that under the presently requested rates $175 million, on the basis of the March-August, 1970 experience, the rate of return would only be 6.36%, a return considerably less than that fixed by the Commission (7.875%) and that which the Company was earning when it applied for higher rates (6.87%). Basically the controversy between the Company and the Commission is whether the Commission could ignore the Company's 1970 experience in light of what appeared to be a drastic change in the Company's economic circumstances between 1968 and 1970.