Court of Appeals for the Second Circuit January 29, 1985, 309, Docket 84-7562 (Rochester Gas and Electric Corporation v. Public Service Commission of the State of New York)

MESKILL, Circuit Judge:

Appellant Rochester Gas and Electric Corporation (RG & E) appeals from a final judgment of the United States District Court for the Western District of New York, Telesca, /., dismissing RG & E’s complaint pursuant to Fed.R.Civ.P. 12(b)(6).