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COLLIER ADVERTISING SERVICE v. CITY OF NEW YORK

32 F.Supp. 870 (1940)

COLLIER ADVERTISING SERVICE, Inc., v. CITY OF NEW YORK et al.

District Court, S. D. New York.

April 11, 1940.

Attorney(s) appearing for the Case

Kaufman & Weitzner, of New York City (Samuel H. Kaufman, Emil Weitzner, and Howard W. Fensterstock, all of New York City, of counsel), for plaintiff.

William C. Chanler, Corp. Counsel, of New York City (Sol Charles Levine, Milton Sandberg, and Meyer Bernstein, all of New York City, of counsel), for defendants.

CLANCY, District Judge.

In this suit plaintiff seeks a declaration that it is under no legal duty and has no legal right to charge any tax to or collect any tax from purchasers making purchases of 12¢ each or less under the 2% Sales Tax Law enacted by the City of New York in 1934 and annually reenacted since or by the Rules and Regulations promulgated by the City Comptroller purportedly pursuant to that law and that it cannot be required to pay a tax to the City...

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