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PARAMOUNT FILM DISTR. v. STATE OF N. Y.

30 N.Y.2d 415 (1972)

Paramount Film Distributing Corporation, Respondent, v. State of New York, Appellant. (Claim No. 45976.)

Court of Appeals of the State of New York.

Decided June 8, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant.

John R. Davison and Walter J. Josiah, Jr. for respondent.

Judges BURKE, SCILEPPI and JASEN concur with Judge BREITEL; Judge BERGAN dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge GIBSON concur.

BREITEL, J.

Claimant, a motion picture distributor, seeks recovery of $128,322.50 in motion picture license fees paid to the State from June 10, 1959 to June 10, 1965 when the applicable statutes were nullified (Education Law, § 120-132; Matter of Trans-Lux Distr. Corp. v. Board of Regents, 16 N.Y.2d 710, on remand from the United States Supreme Court,

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