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OPGAL, INC. v. BURNS

9 N.Y.2d 659 (1961)

Opgal, Inc., et al., Respondents, and Press Wireless, Inc., et al., Intervening Plaintiffs-Respondents, v. John J. Burns et al., Constituting the Town Board of the Town of Oyster Bay, Appellants.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Elmer S. Lane, Town Attorney, for appellants.

Robert J. Glasser and Abraham Schlissel for plaintiffs-respondents.

Henry Root Stern, Jr., for intervening plaintiffs-respondents.

Concur: Judges DYE, FROESSEL, VAN VOORHIS and BURKE. Chief Judge DESMOND and Judges FULD and FOSTER dissent on the dissenting opinion in the Appellate Division.

Judgment affirmed, with costs...

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