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  5. 69 N.Y.2d 536 (1987)
 

HERZOG BROS. v. TAX COMMN.

69 N.Y.2d 536 (1987)

Herzog Brothers Trucking, Inc., Also Known as Herzog Brothers, Inc., et al., Appellants, v. State Tax Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided May 7, 1987.

Attorney(s) appearing for the Case

Joseph E. Zdarsky and Guy J. Agostinelli for appellants.

Robert Abrams, Attorney-General (Lew A. Millenbach, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

In this action for a declaratory judgment concerning the power of the State Tax Commission to impose a tax on an out-of-State plaintiff's wholesale distribution of motor fuel to Seneca Indian retailers on the Allegany and Cattaraugus Reservations, plaintiffs appeal pursuant to permission granted by the Appellate Division on the certified question: "Did this court err as a matter of law in reversing...

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