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LYFORD v. CITY OF NEW YORK

No. 300.

137 F.2d 782 (1943)

LYFORD et al. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

August 6, 1943.

Attorney(s) appearing for the Case

Paxton Blair, of New York City (Thomas D. Thacher, Corp. Counsel, Sol Charles Levine, and Bernard H. Sherris, all of New York City, on the brief), for appellant.

Elbert N. Oakes, of New York City, for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Pursuant to enabling legislation of the State of New York, the Municipal Assembly of the City of New York adopted local laws imposing taxes upon the gross revenue of certain utilities as therein defined, covering the period subsequent to September 1, 1933, the proceeds therefrom to be devoted exclusively to the relief of the needy unemployed.1 On July 2, 1936, the city comptroller made an ex parte determination that...

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