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MTR OF SCHWINN CO v. MELTON

86 Misc.2d 525 (1976)

In the Matter of Schwinn Bicycle Company et al., Plaintiffs, v. James P. Melton, as Commissioner of Motor Vehicles of the State of New York, et al., Defendants.

Supreme Court, Special Term, Albany County.

February 10, 1976

Attorney(s) appearing for the Case

Price, Cushman, Keck, Mahin & Cate and Collier, Shannon, Rill & Edwards (McNamee, Lochner, Titus & Williams of counsel), for plaintiffs. Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons of counsel), for Commissioner of Motor Vehicles and another, defendants. Billig, Sher & Jones (De-Graff, Foy, Conway & Holt-Harris of counsel), for Minnesota Mining and Manufacturing Company, defendant.

JOHN T. CASEY, J.

The plaintiffs instituted an action for a declaratory judgment concerning a regulation promulgated by the Commissioner of the Department of Motor Vehicles of the State of New York, dealing with bicycle side visibility. There are three motions before this court in connection with that action.

First, the defendants have moved for summary judgment. Second, the plaintiffs have appeared...

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