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PEOPLE v. COUNTY TRANSP. CO.

278 A.D. 472 (1951)

The People of the State of New York, Plaintiff, v. County Transportation Company, Inc., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1951.

Attorney(s) appearing for the Case

Sherman C. Ward, Acting Counsel to Public Service Commission (Richard C. Llope of counsel), for plaintiff.

Edward R. Brumley and James D. O'Neill for defendant.

FOSTER, P. J. HEFFERNAN, BREWSTER and BERGAN, JJ., concur.

COON, J.

This is a controversy submitted on stipulated facts pursuant to section 546 of the Civil Practice Act.

The parties seek to determine the right of the plaintiff to collect a penalty from the defendant under the Public Service Law because of the failure of the defendant to obtain approval of the Public Service Commission for the issuance of a conditional sales contract.

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