This section contains the nature of the case and procedural background.

Paramount (P) seeks recovery of $128,322.50 in motion picture license fees paid to State (D) from June 10, 1959, to June 10, 1965, when the applicable statutes were nullified. P had paid all but a trivial portion of the license fees imposed and had not otherwise ever resisted the statutory procedure for licensing and payment of fees. The case that P relied upon was the Trans-Lux case. The statute was void because it procedural apparatus violated due process in not providing for prompt judicial review as delineated by the Supreme Court in Freedman v. Maryland, 380 U.S. 51. A majority of the Appellate Division sustained P’s right to recover all the fees paid. This appeal resulted.

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