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MURPHY v. ERIE COUNTY

28 N.Y.2d 80 (1971)

Francis X. Murphy et al., Appellants, v. Erie County et al., Respondents.

Court of Appeals of the State of New York.

Decided March 3, 1971.

Attorney(s) appearing for the Case

Francis X. Murphy and Peter B. Carr, appellants in person.

Victor T. Fuzak and Stephen M. Newman for Kenford Company, Inc. and The Dome Stadium, Inc., respondents.

Robert E. Casey, Jr., County Attorney (William E. Straub of counsel), for Erie County, County Legislature of Erie County and B. John Tutuska, as County Executive of Erie County, respondents.

Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.

Chief Judge FULD.

In May, 1968, the State Legislature enacted a law empowering the Legislature of Erie County to enter into contracts and incur indebtedness in connection with the building of a stadium (L. 1968, ch. 252). Shortly thereafter, the County Legislature adopted a resolution authorizing issuance of bonds in the amount of $50,000,000 to finance the construction of a domed stadium. The county then began...

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