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NEWTON v. STATE OF NEW YORK

31 Misc.2d 48 (1961)

Claire C. Newton, Claimant, v. State of New York, Defendant. (Claim No. 33153.) Arthur P. Wahl, Claimant, v. State of New York, Defendant. (Claim No. 33154.) Wilburt Wahl, Claimant, v. State of New York, Defendant. (Claim No. 33155.)

Court of Claims.

December 28, 1961

Attorney(s) appearing for the Case

Dunk, Conboy, McKay & Bachman (Robert B. Shaad of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (Douglas L. Manley and Edwin Paul Hoskins of counsel), for defendant.

CHARLES T. MAJOR, J.

The above-entitled and numbered claims were filed to recover damages for loss of bees, including expense of replacing colonies, etc., allegedly destroyed by aerial spraying of DDT in oil by the State Conservation Department in May, 1953, in an attempt to eradicate or control a serious destructive outbreak of forest tent caterpillars. The spraying was done mostly on "sugar bushes" or sugar maple trees in St. Lawrence, Lewis and Jefferson...

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