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NEMSER v. N.Y. CITY TR. AUTH.

140 Misc.2d 369 (1988)

Earl H. Nemser et al., Plaintiffs, v. New York City Transit Authority, Defendant.

Supreme Court, New York County.

June 29, 1988

Attorney(s) appearing for the Case

Earl H. Nemser, pro se, and Cadwalader, Wickersham & Taft (Andrew P. Gaillard of counsel), for Earl H. Nemser and another, plaintiffs. Albert J. Cosenza, Florence Dean and Robin W. Weiner for defendant.

DAVID B. SAXE, J.

The issue I am asked to decide is whether the Federal legal tender statute (31 USC § 5103) mandates the acceptance by the New York City Transit Authority (NYCTA) of legal tender dollar bills as bus fare.

The plaintiffs, two public-spirited bus riders in New York City, have brought this proceeding seeking a declaratory judgment that the policy of the NYCTA in refusing to accept dollar bills as bus fare violates Federal and...

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