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TOWN OF PREBLE v. SONG MT. INC.

62 Misc.2d 353 (1970)

Town of Preble, Plaintiff, v. Song Mountain, Inc., et al., Defendants.

Supreme Court, Trial Term, Cortland County.

March 26, 1970

Attorney(s) appearing for the Case

Robert Y. Briggs and Leslie E. Briggs for plaintiff. Folmer, Fenstermacher & Yesawich (Theodore Fenstermacher of counsel), for defendants. John T. Ryan, Jr., Cortland County Attorney, for County of Cortland, amicus curiae. Eli Gingold, Onondaga County Attorney (Hugh C. Gregg, II, of counsel), for County of Onondaga, amicus curiae.

DAVID F. LEE, JR., J.

The plaintiff Town of Preble seeks judgment in this action against the defendants "enjoining them from in any manner promoting or conducting any open air band concert, rock festival or similar event at the premises occupied by the defendant corporation or elsewhere in the Town of Preble".

A motion for a preliminary injunction was brought on by an order to show cause at Special Term...

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