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MATTER OF FONDA, JOHNSTOWN & GLOVERSVILLE R.R. CO. v. STATE TAX COMM'N

3 N.Y.2d 853 (1957)

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

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

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

Louis J. Lefkowitz, Attorney-General (Edward Siegfried and John R. Davison of counsel), for respondents.

Concur: CONWAY, Ch. J., DESMOND, DYE, FROESSEL and BURKE, JJ.; FULD and VAN VOORHIS, JJ., dissent and vote to reverse and to annul the determination of the State Tax Commission upon the ground stated by HALPERN, J., in his dissenting opinion in the Appellate Division.

Order affirmed, with costs...

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