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AMERICAN COMMUTERS ASSOCIATION v. LEVITT

No. 478, Docket 32125.

405 F.2d 1148 (1969)

AMERICAN COMMUTERS ASSOCIATION, Inc., et al., Appellants, v. Arthur LEVITT, individually and as Comptroller of the State of New York, et al., Appellees.

United States Court of Appeals Second Circuit.

Decided January 3, 1969.

Attorney(s) appearing for the Case

O. John Rogge, Herbert R. Berk, Richard A. Osserman, Arthur Keller, Weisman, Celler, Allan, Spett & Sheinberg, New York City, for appellants.

Joel Lewittes, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., of State of New York, New York City, for State appellees.

Samuel J. Warms, Gale Zareko, J. Lee Rankin, Corporation Counsel, New York City, for Municipal appellees.

Before WATERMAN, ANDERSON and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

The appellants here, the plaintiffs below, are certain individuals who are non-residents of New York but who allegedly commute during their respective work weeks from their homes to the City of New York where they are employed, and a New Jersey membership corporation of some 1800 members, all of whose members are New Jersey and Connecticut residents who in the course of their regular employment commute to and from New York during their work...

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