PEOPLE v. AUTO. TRANSP. FUND


17 A.D.2d 448 (1962)

The People of the State of New York, Appellant, v. Automobile Transporters Welfare Fund et al., Respondents

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

December 20, 1962.


Attorney(s) appearing for the Case

Samuel A. Hirshowitz of counsel (Philip Kahaner and Gretchen W. Oberman with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

Charles R. Katz of counsel (David Previant with him on the brief; Katz & Wolchok, attorneys), for respondents.

RABIN, STEVENS, EAGER and STEUER, JJ., concur.


BREITEL, J. P.

The issue in this appeal is whether the State may impose the cost of its examination on an interstate union-employer welfare fund organized and having its sole and principal office outside the State. Involved, apart from questions of lesser significance, are Federal statutes and the assertion by the fund of a pre-emptive effect, and State statutes with an assertion of explicit exemption.

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