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MTR. OF ALLIED CHEM. CORP. v. KOWAL

9 A.D.2d 121 (1959)

In the Matter of Allied Chemical Corporation, Appellant, v. Chester Kowal, as Comptroller of The City of Buffalo, Respondent

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

October 30, 1959.

Attorney(s) appearing for the Case

Kenefick, Letchworth, Baldy, Phillips & Emblidge (Alexander C. Cordes and Chester G. Dann of counsel), for appellant.

Anthony Manguso, Corporation Counsel (William J. Ostrowski and Abraham I. Okun of counsel), for respondent.

All concur. Present — McCURN, P. J., KIMBALL, WILLIAMS, BASTOW and HALPERN, JJ.

Per Curiam.

Allied Chemical Corporation has appealed from an order which dismissed its article 78 proceeding against the Comptroller of Buffalo seeking the refund of $22,312.20 paid under protest to the city pursuant to local consumers' utility taxes on electricity, gas and water. Allied contends that the utilities consumed by it were used in the manufacture and processing of various chemicals and dyestuffs and therefore...

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