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BLACK RIV. REG. DIST. v. ADIRONDACK LEAGUE CLUB

201 Misc. 808 (1952)

Black River Regulating District et al., Plaintiffs, v. Adirondack League Club, Defendant.

Supreme Court, Special Term, Oneida County.

March 24, 1952.

Attorney(s) appearing for the Case

Charles H. Tuttle, Warnick J. Kernan, John R. Brook and Sanford D. Stockton, Jr., for defendant.

Kenneth W. Brett, Corporation Counsel, for City of Watertown.

Lawrence R. Ormiston for Madeleine Bagley.

Daniel Scanlon and Russell Wright for plaintiffs.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Edward L. Ryan of counsel), appearing under section 71 of the Executive Law.

M. Francis Malone for Oneida County Forest Preserve, Inc., amicus curiæ.

Milo Kniffen for Adirondack Moose River Committee, Inc., and others, amici curiæ.

BASTOW, J.

The primary motion made by the defendant asks for judgment for the defendant on the pleadings pursuant to rule 112 of the Rules of Civil Practice or, in the alternative for an order pursuant to rule 113 dismissing the complaint and for summary judgment. This motion was returnable and was partially argued on August 13, 1951. It appearing that the constitutionality of a statute was brought into question...

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