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MTR. OF F. J. & G. R. R. CO. v. STATE TAX COMM.

3 A.D.2d 178 (1957)

In the Matter of Fonda, Johnstown and Gloversville Railroad Company, Petitioner, v. State Tax Commission et al., Respondents

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

January 31, 1957.

Attorney(s) appearing for the Case

Lydon F. Maider and Hugh H. Smith for petitioner.

Jacob K. Javits, Attorney-General (Edward Siegfried and James O. Moore, Jr., of counsel), for respondents.

BERGAN and GIBSON, JJ., concur with COON, J.; HALPERN, J., dissents in a memorandum in which FOSTER, P. J., concurs.

COON, J.

Petitioner is a New York corporation which operates a steam railroad wholly within this State between Fonda and Broadalbin, New York. During all of the time between July 1, 1951 and February 28, 1953 (the period involved in this controversy) and prior thereto, petitioner also operated omnibus lines wholly within this State, using 45 omnibuses, each having a seating capacity of more than 7 passengers....

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