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MTR. OF TRANS-LUX DISTR. v. BD. OF REGENTS

14 N.Y.2d 88 (1964)

In the Matter of Trans-Lux Distributing Corp., Respondent, v. Board of Regents of the University of the State of New York, Appellant.

Court of Appeals of the State of New York.

Reargued March 23, 1964.

Decided March 26, 1964.

Attorney(s) appearing for the Case

Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for appellant.

Harry I. Rand, Warren F. Schwartz and Leonard H. Dickstein for respondent.

Opinion by Judge BURKE in which Chief Judge DESMOND and Judges SCILEPPI and WILLIAMS concur, each in a separate opinion in each of which the others concur; Judges DYE, FULD and VAN VOORHIS dissent and vote to affirm upon the majority memorandum opinion in the Appellate Division.

BURKE, J.

This appeal puts in issue once again the constitutionality of an application of this State's motion picture licensing statute (Education Law, § 122). The Appellate Division has annulled a determination of the Board of Regents which directed the elimination of two scenes from the film "A Stranger Knocks" as a condition for granting a license for the exhibition of the film. The grounds for the board...

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