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MTR. OF ATTY.-GEN. v. AMER. RESEARCH

13 A.D.2d 75 (1961)

In the Matter of The Attorney-General of the State of New York, Appellant. American Research Council, Inc., Nicholas Darvas et al., Respondents

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

April 11, 1961.

Attorney(s) appearing for the Case

Samuel A. Hirshowitz of counsel (Daniel M. Cohen and Philip Weinberg with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

Milton A. Bass of counsel (Bass & Friend, attorneys), for respondents.

BREITEL, J. P., McNALLY, STEUER and BASTOW, JJ., concur in Per Curiam opinion; VALENTE, J., dissents and votes to reverse in opinion.

Per Curiam.

This appeal brings up for review an order vacating a prior order granted ex parte directing the respondents to appear in court at a stated time and place with certain described books, papers and records for examination "concerning their practices, transactions and courses of business relating to the promotion, issuance and distribution of investment advice within and from the State of New York" since January 1, 1953.

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