Opinion
Argued May 16, 1960
Decided June 9, 1960
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Arthur C. Fink for appellant.
Louis J. Lefkowitz, Attorney-General ( Jean R. McCoy and Paxton Blair of counsel), for respondents.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, BURKE and FOSTER. Judges FULD and VAN VOORHIS dissent and vote to reverse and to grant the relief demanded by appellant upon the ground that the transactions which have been taxed are indivisibly involved in foreign commerce.