PEOPLES DAIRY v. CITY OF LACKAWANNA


1 Misc.2d 700 (1956)

Peoples Dairy, Plaintiff, v. City of Lackawanna, Defendant.

Supreme Court, Trial Term, Erie County.

March 1, 1956.


Attorney(s) appearing for the Case

George J. Saab for plaintiff.

Rudolph S. Weinstein, Corporation Counsel, for defendant.

Leonard N. Lakser, amicus curiæ.


VANDERMEULEN, J.

The following ordinance was enacted by the common council of the City of Lackwanna and became effective about April 5, 1954:

"That Chapter XIX of the Ordinances of the City of Lackawanna is hereby amended by adding thereto, a new section to be known as Sections 2 and 3 and to read as follows: "Section 2 — Whereas, the coin-vending machines dispensing milk appear on the outside of any building and are located...

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