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GREAT ATLANTIC & PACIFIC TEA CO. v. TOWN OF EAST HAMPTON

No. CV 96-5610.

997 F.Supp. 340 (1998)

The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. Plaintiff, v. The TOWN OF EAST HAMPTON and The Town Board of East Hampton, Defendants.

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

March 18, 1998.

Attorney(s) appearing for the Case

Esseks, Hefter & Angel by John M. Wagner, Riverhead, NY, for Plaintiff.

Cahn Wishod & Lamb by Richard C. Cahn, Melville, NY, for Defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

In this action challenging the validity and constitutionality of Local Law No. 17 of 1996 of the Town of East Hampton, County of Suffolk (the "Superstore Law"), the Town of East Hampton and the Town Board of East Hampton (collectively the "Town") move to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for which relief can be granted. For...

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