Court would not have a basis for ruling, and should instead have remanded the case with instructions to enter a new judgment of dismissal. Justice Marshall in his dissent indicated that certiorari should not have been granted for this case, and he would have found state action in the termination as the electric company was a monopoly regulated by the state and had used state-approved procedures in the tariff used in the termination. The Marshall dissent suggests that the majority opinion had, in effect, either overruled or restricted Public Utilities Commission of the District of Columbia v. Pollak, 343 U.S. 451 (1952). Pollak involved a decision of the District of Columbia Public Utilities Commission that allowed a public transit system to play radio programs on its street cars and busses, which the Supreme Court determined did not violate the First or Fifth Amendments. The majority opinion noted that the court in Pollak did not determine whether the playing of the radio programs on the regulated transit system constituted state action as a result of the regulation by the D.C. PUC, but simply assumed state action for the purposes of evaluating the constitutional questions. See also Metropolitan Edison Co. v. People Against Nuclear Energy List of United States Supreme Court cases, volume 419 References External links United States Supreme Court cases United States Supreme Court cases of the Burger Court 1975 in United States case law United States administrative case law United States energy case law United States equal protection case law FirstEnergy York, Pennsylvania