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Heim v. McCall

214 N.Y. 629 Court N.Y. Decision date 1915-02-25 English

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p. 629
William E. Heim, Respondent, v. Edward E. McCall et al., Constituting the Public Service Commission for the First District of the State of New York, Appellants, and Cranford Company et al., Respondents.
(Argued January 25, 1915;
decided February 25, 1915.)

Headnote

Heim v. McCall, 165 App. Div. 449 , reversed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 6,1915, which reversed an interlocutory
p. 630
judgment of Special Term sustaining a demurrer to the complaint, overruled such demurrer and directed judgment in favor of plaintiff for the relief demanded in the complaint in a taxpayer’s action to restrain the defendant Public Service Commission from declaring certain contracts void on account of alleged violations of the Labor Law in the employment of aliens.
George S. Coleman and Edward J. Crummey for appellants.
Thomas F. Conway and Thomas E. O’Brien for plaintiff, respondent.
Edward M. Grout and James F. McKinney for defendants, respondents.
Jeremiah A. O’Leary for John Gill, amicus curiae.

Judgment of Appellate Division reversed and that of Special' Term affirmed, with costs in all courts. (See People v. Crane, 214 N. Y. 154 .)

Concur: Willard Bartlett, Ch. J., Chase, Hogan, Miller, Cardozo and Seabury, JJ. Dissenting: Collin, J.

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