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DU PELL v. HOSTETTER

45 Misc.2d 313 (1965)

G. Patrick Du Pell et al., Plaintiffs, v. Donald S. Hostetter et al., Constituting the State Liquor Authority, et al., Defendants.

Supreme Court, Special Term, Albany County.

February 2, 1965

Attorney(s) appearing for the Case

Herzfeld & Rubin for plaintiffs. Louis J. Lefkowitz, Attorney-General (Herbert H. Smith of counsel), for defendants. Irving T. Bergman for Federation of New York State Package Store Associations, amicus curiæ.

RUSSELL G. HUNT, J.

The plaintiffs, licensed to operate retail package stores at locations within and without New York City, bring this action for a declaratory judgment (1) testing the constitutionality of chapter 531 of the Laws of 1964 (§§ 9, 10, 11, 13 and 14); (2) enjoining the enforcement against the plaintiffs of section 7 (being that part designated as Alcoholic Beverage Control Law, §...

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