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FEHLHABER CORP. v. LEVITT

64 Misc.2d 495 (1969)

Fehlhaber Corporation and Terry Contracting, Inc., as Members of a Joint Venture Known as Fehlhaber-Terry, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York, Respondent, and Ingalls Iron Works Company, Intervenor.

Supreme Court, Special Term, Albany County.

December 10, 1969

Attorney(s) appearing for the Case

Norton, Sacks, Molineaux & Pastore (Stuart M. Levine of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Francis A. St. Clair of counsel), for respondent. Thomas V. Kenney for intervenor.

GEORGE L. COBB, J.

In this article 78 proceeding, brought on by an order to show cause, the petitioner seeks a judgment directing the respondent Comptroller of the State of New York to pay over to the petitioner the sum of $55,459.42 and to return to the petitioner bonds of the par value of $314,000 now on deposit with the respondent, with appropriate interest thereon. On the return date of the order to show cause, Ingalls Iron Works Company was permitted...

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