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Paramount Film Distributing Corp. v. State
New York Court of Appeals
30 N.Y.2d 415 (1972)
- Written by Josh Lee, JD
Facts
Paramount Film Distributing Corporation (plaintiff) paid approximately $128,000 to the State of New York (defendant) in movie-license fees from 1959 to 1965. However, the New York Court of Appeals declared the statute imposing the fees to be unconstitutional under the First Amendment because the statute did not provide for prompt judicial review of licensing decisions. For almost all of that time, Paramount had not protested any of those payments. For the last two months of that period, Paramount did pay the fees under protest. Paramount filed suit seeking restitution, or a refund, of those fees. The appellate division ruled that Paramount was entitled to full restitution. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Breitel, J.)
Dissent (Bergan, J.)
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