Plaintiffs seek a decree declaring unconstitutional under the United States and New York State Constitutions subdivision 4 of section 107-a of the Alcoholic Beverage Control Law (as amd. by L. 1963, ch. 204, § 38), hereinafter referred to as section 38. They also seek a permanent injunction against the enforcement of any of the provisions of section 38.
Plaintiff Hornell Brewing Co., Inc. discontinued during trial; no proof...
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