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ATLANTIC PRINCE, LTD. v. JORLING

No. 88 Civ. 1803.

710 F.Supp. 893 (1989)

ATLANTIC PRINCE, LTD., Plaintiff, v. Thomas C. JORLING, Commissioner of the New York State Department of Environmental Conservation, and The New York State Department of Environmental Conservation, Defendants.

United States District Court, E.D. New York.

As Amended April 14, 1989.

Attorney(s) appearing for the Case

Richard Schoolman, Eikenberry Futterman & Herbert, New York City, for plaintiff.

Ezra I. Bialik and Helene Goldberger, Asst. Attys. Gen., Environmental Protection Bureau, New York City, for defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Plaintiff seeks an order declaring that a New York statute prohibiting the use of boats longer than 90 feet from fishing in New York waters violates the Commerce Clause, Art. I, § 8, cl. 3 of the United States Constitution, and permanently enjoining the State from enforcing the statute against it. The case has been fully tried on the merits.1 For the reasons stated below, the...

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