New York State Electric & Gas Corp. v. Public Service Commission of New York

SWAN, Circuit Judge.

This is an appeal by the New York State Electric and Gas Corporation (hereafter for brevity called the Company) fiom a dismissal of its bill of complaint seeking to enjoin enforcement of an order of the Public Service Commission of the state of New York. Since no application for an interlocutory injunction was pressed in the district court, the hearing was properly had before a single judge and an appeal from his order lies to this court. Smith v. Wilson, 273 U.S. 388, 47 S.Ct. 385, 71 L.Ed. 699; McCart v. Indianapolis Water Co., 302 U.S. 419, 58 S.Ct. 324, 82 L.Ed. 336.

Upo…