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NETTLETON CO. v. DIAMOND

63 Misc.2d 885 (1970)

A. E. Nettleton Company, Plaintiff, and J. Fox, Inc., et al., Plaintiffs-Intervenors, v. Henry A. Diamond, as Commissioner of the Department of Environmental Conservation of the State of New York, et al., Defendants.

Supreme Court, Onondaga County.

August 25, 1970

Attorney(s) appearing for the Case

Bond, Schoeneck & King for plaintiff. Colby & Miller for J. Fox, Inc., plaintiff-intervenor. Greenwald, Kovner & Goldsmith for Reptile Products Association, Inc., plaintiff-intervenor. Weil, Gotshal & Manges for Sibley, Lindsay & Curr Company and another, plaintiffs-intervenors. Louis J. Lefkowitz, Attorney-General, for defendants.

FRANCIS R. MORAN, J.

Plaintiff A. E. Nettleton Company seeks a judgment declaring section 358-a of the Agriculture and Markets Law and section 187 of the Conservation Law of New York State unconstitutional and to enjoin enforcement of their provisions. Plaintiff then brought on a motion to enjoin enforcement of these statutes, pending a disposition of the original action for declaratory judgment.

Plaintiff...

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