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RKO-KEITH-ORPHEUM THEATRES v. CITY OF NEW YORK

206 Misc. 531 (1954)

RKO-Keith-Orpheum Theatres, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

July 22, 1954.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery for RKO-Keith-Orpheum Theatres, Inc., plaintiff.

Leopold Friedman for Willard Amusement Corporation, plaintiff.

Hovell, Clarkson & Klupt for Queens Park Operating Corporation, plaintiff.

Weisman, Celler, Allan, Spett & Sheinberg for Bilpam Corp., plaintiff.

Adrian P. Burke, Corporation Counsel (Stanley Buchsbaum of counsel), for defendants.

PETTE, J.

Motion by the plaintiffs for a temporary injunction restraining the City of New York from enforcing the City Amusement Tax enacted by Local Law No. 37 of 1954, on the ground that it is invalid, illegal and unconstitutional.

The various arguments urged by the plaintiffs have been given consideration by the court. Only one of them, however, will be discussed here, and that is, that the tax, as...

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