Orange & Rockland Utilities, Inc. v. New England Petroleum Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lynch, J.
Appellant New England Petroleum Corporation (NEPCO) contracted to deliver fuel oil to respondent Orange and Rock-land Utilities, Inc. (Orange), a public utility. In this action to recover alleged overcharges Orange does not dispute that, pursuant to its rate structure on file with the Public Service Commission, it is able, after a two-month time lag, to pass along the overcharges to its customers. It is computed that the maximum pecuniary damage to an average residential customer would be $4.38.
NEPCO’s fifth defense alleges that Orange, being able to pass on all…
2Cases cited13 opinions
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
- Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
- Southern Pacific Co. v. Darnell-Taenzer Lumber Co.Supreme Court of the United States · 1918
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Ohio Valley Electric Corp. v. General Electric Co.District Court, S.D. New York · 1965
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3Cited by13 opinions
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- Hughes Communications Galaxy, Inc. v. United StatesUnited States Court of Federal Claims · 1997
- United States v. Bedford AssociatesDistrict Court, S.D. New York · 1982
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