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KANSAS PACKING CO. v. CITY OF NEW YORK

284 A.D. 398 (1954)

Kansas Packing Co., Inc., Respondent, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 15, 1954.

Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for appellants.

Nathan H. Elman of counsel (Klein, Wikler & Gottlieb, attorneys), for respondent.

PECK, P. J., DORE, CALLAHAN, BREITEL and BOTEIN, JJ., concur.

Per Curiam.

The record shows that a certain percentage of plaintiff's products are procured in the city of New York and also sold in the city where plaintiff has its establishment; such sales are exclusively in intrastate commerce and accordingly subject to the local law in question (italics ours throughout). Local dealers in this merchandise who act solely in intrastate commerce are not...

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