National Swimming Pool Institute v. Kahn

The petitioners, both foreign not-for-profit corporations, whose members conduct approximately 85% of the swimming pool and related business in the United ¡States, instituted this article 78 proceeding for a judgment vacating an order of the Public Service Commission (herein PSC) prohibiting new or additional natural gas service for heating swimming pools. In the alternative, they request an order remanding the matter to the PSC for a hearing and reconsideration. Finally, the petitioners seek an injunction prohibiting the PSC from enforcing or commencing any action based upon the order.

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