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CAREY v. TRIBOROUGH AUTH.

38 N.Y.2d 545 (1976)

Carey Transportation, Inc., Respondent, v. Triborough Bridge and Tunnel Authority, Appellant.

Court of Appeals of the State of New York.

Decided January 15, 1976.

Attorney(s) appearing for the Case

Joseph Bulgatz and William S. Lebwohl for appellant.

David E. Schwab, II, Harold J. Drescher and Morton L. Price for respondent.

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

Chief Judge BREITEL.

In this declaratory judgment action brought by a franchised airport omnibus line, Carey, it attacks as unlawfully discriminatory bridge and tunnel toll rates imposed by the Authority. Defendant is a public authority created by the State to build, operate, and maintain various tunnels and bridges crossing the waterways separating parts of New York City. It is empowered by statute to fix its...

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