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STATE OF N. Y. v. MOBIL OIL CORP.

40 A.D.2d 369 (1973)

State of New York, Respondent, v. Mobil Oil Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 8, 1973.

Attorney(s) appearing for the Case

Sanford M. Litvach of counsel (Kevin D. Brenan with him on the brief; Donovan Leisure Newton & Irvine, attorneys), for appellant.

August L. Fietkau of counsel (Irving Galt and Charles A. La Torella, Jr., with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

NUNEZ and STEUER, JJ., concur with CAPOZZOLI, J.; McGIVERN, J. P., dissents in an opinion in which MURPHY, J., concurs.

CAPOZZOLI, J.

This action was commenced on July 17, 1972 by the Attorney-General of the State of New York, pursuant to article 22 of the General Business Law (Donnelly Anti-Trust Act), to enjoin and prevent alleged violations of section 340 of that act.

Prior to the commencement of this action the Attorney-General had been investigating the practices and policies of the gasoline industry under the cited...

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