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LARSEN BAKING CO. v. CITY OF N. Y.

30 A.D.2d 400 (1968)

Larsen Baking Co., Inc., et al., Respondents, v. City of New York, Appellant

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

July 22, 1968.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Donald E. Biederman of counsel), for appellant.

Scribner & Miller (Herbert Plaut of counsel), for respondents.

BELDOCK, P. J., BRENNAN, HOPKINS and MARTUSCELLO, JJ., concur.

CHRIST, J.

The principal issue on this appeal is whether, in computing the amount of an industrial user's sewer surcharge, its excess pollutant concentration must be tested individually, or whether it may be calculated on the basis of an average for the industry obtained by testing a number of plants constituting a representative cross section of the industry.

Section 687-1.0 of the Administrative Code...

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