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  5. 38 N.Y.2d 460 (1976)
 

STATE v. MOBIL OIL CORP.

38 N.Y.2d 460 (1976)

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

Court of Appeals of the State of New York.

Decided January 6, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Charles A. La Torella, Jr., Samuel A. Hirshowitz and August L. Fietkau of counsel), for appellant.

Sanford M. Litvack and William C. Pelster for respondent.

Chief Judge BREITEL and Judges JASEN, WACHTLER and COOKE concur with Judge JONES; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

JONES, J.

We conclude that a systematic and deliberate practice of price discrimination by respondent oil company in the sale of gasoline to its dealers as alleged by the Attorney-General in this case would not fall within the proscription of our State's Donnelly Act (General Business Law, art 22, § 340 et seq.).1

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