New York Supreme Court, 1933

Edwards v. New York Edison Co.

Edwards v. New York Edison Co.
New York Supreme Court · Decided December 11, 1933 · Callahan
149 Misc. 722; 268 N.Y.S. 24; 1933 N.Y. Misc. LEXIS 1737

Counsel

Tobias E. Keppler, for the plaintiffs and the motion., William L. Ransom, Robert E. Coulson, Jacob H. Goetz and Charles I. Taylor, for the defendants, in opposition.

Edwards v. New York Edison Co.

Opinion of the Court

Callahan, J.

Motion is denied for the following reasons:

(1) The plaintiffs do not show the necessary jurisdictional facts to bring themselves within the provisions of chapter 781 of the Laws of 1933;

(2) The plaintiffs fail to show that they have exhausted their remedies at law. However, if it be deemed that such remedies have been exhausted then the relief sought herein should be denied for the reason that the Federal agencies have denied application for similar relief and the purpose of the State statutes is solely to secure co-operation and uniformity with the acts of the Federal government and its agencies;

(3) The plaintiffs fail to show interference, restraint or coercion on the part of the defendants sufficient to warrant the issuance of a temporary injunction.

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