Legal Opinion

Herzog Brothers Trucking, Inc. v. State Tax Commission

New York Court of Appeals

Decided May 7, 1987PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

In this action for a declaratory judgment concerning the power of the State Tax Commission to impose a tax on an out-of-State plaintiffs wholesale distribution of motor fuel to Seneca Indian retailers on the Allegany and Cattaraugus Reservations, plaintiffs appeal pursuant to permission granted by the Appellate Division on the certified question: "Did this court err as a matter of law in reversing the order of Special Term and denying plaintiffs’ motion for a preliminary injunction?” We hold that the Appellate Division’s determination of the motion for a…

2Cases cited15 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  3. White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
  4. Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
  5. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
  2. Department of Taxation and Finance of NY v. Milhelm Attea & Bros.Supreme Court of the United States · 1994
  3. Forti v. New York State Ethics CommissionNew York Court of Appeals · 1990
  4. New York Ass'n of Convenience Stores v. UrbachNew York Court of Appeals · 1998
  5. Herzog Bros. Trucking, Inc. v. State Tax CommissionNew York Court of Appeals · 1988

9 more not listed; retrieve them via the Exa API.

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