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MATTER OF AM. CHICLE CO. v. STATE TAX COMM'N

9 N.Y.2d 883 (1961)

In the Matter of American Chicle Company, Appellant, v. State Tax Commission, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Leo A. Diamond for appellant.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Paxton Blair of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, BURKE and FOSTER. Judges FULD and VAN VOORHIS dissent and vote to reverse the order of the Appellate Division and to direct the State Tax Commission to refund the asserted over-payments of franchise tax.

Order affirmed, with costs...

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