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PEOPLE v. SYS. PROPS.

2 N.Y.2d 330 (1957)

The People of the State of New York et al., Appellants-Respondents v. System Properties, Inc., et al., Defendants; and Trustees of Dartmouth College et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided February 28, 1957.

Attorney(s) appearing for the Case

Randall J. Le Boeuf, Jr., Chauncey P. Williams, Jr., Halcyon G. Skinner and Alfred E. Froh for Trustees of Dartmouth College, appellant-respondent.

Richmond D. Moot for Irving Langmuir and others, appellants-respondents.

Charles H. Tuttle for Lake George Association, appellant-respondent.

Jacob K. Javits, Attorney-General (Richard H. Shepp and James O. Moore, Jr., of counsel), for People of the State of New York, appellant-respondent.

CONWAY, Ch. J., DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; VAN VOORHIS and BURKE, JJ., concur, in part, in separate memoranda.

DESMOND, J.

This protracted and elaborate litigation calls for answers to two closely related questions: who has the title to "Dam A" in the Ticonderoga River in Essex County, New York, and by whom and to what extent may the operation of that dam be regulated so as to affect the water level of Lake George? Ticonderoga River (or Creek) is the only outlet of Lake George and flows in a northerly direction about 3...

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