“ In a proceeding before the Public Service Commission of the State of New York relating to rates for water supplied by appellant to the City of Utica and adjacent communities, the Commission, on June 28, 1933, after full hearing and upon findings determining the fair value of the property of appellant used and useful in rendering service to its customers, the amount of annual operating income required to yield a 6 per cent. ”

“ McCall, 219 N.Y. 84, 88-90, 113 N.E. 795, Ann.Cas.1916E, 1042; People of State of New York ex rel. New York & Queens Gas Co. v. McCall, 245 U.S. 345, 348, 349, 38 S.Ct. 122, 62 L.Ed. 337. The motion to dismiss is granted. ”