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OMYA, INC. v. VERMONT

No. 2:99-CV-180.

80 F.Supp.2d 211 (2000)

OMYA, INC., Plaintiff, v. State of VERMONT, Vermont Environmental Board, et al., Defendants.

United States District Court, D. Vermont.

January 21, 2000.

Attorney(s) appearing for the Case

Peter Welles Hall, Reiber, Kenlan, Schwiebert, Hall & Facey, Edward Vanderveer Schwiebert, Reiber, Kenlan, Schwiebert, Hall & Facey, Rutland, VT, for OMYA, Inc., plaintiff.

Mark J. Di Stefano, Vermont Attorney General's Office, Montpelier, VT, for State of Vermont, Vermont Environmental Bd., John T. Ewing, John Drake, Samuel Lloyd, Rebecca M. Nawrath, Alice N. Olenick, W. William Martinez and Arthur Gibb, defendants.

OPINION AND ORDER

SESSIONS, District Judge.

In this action for injunctive and declaratory relief, Plaintiff OMYA, Inc. ("OMYA") claims that the Vermont Environmental Board's decision to limit OMYA's use of U.S. Route 7 for tractor trailer transport of their product violates a variety of federal constitutional provisions. Specifically, OMYA claims that such limitations on commerce and the use of highways based on reasons unrelated to public health...

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