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OXYGENATED FUELS ASS'N, INC. v. PATAKI

No. 1:00-CV-1073.

158 F.Supp.2d 248 (2001)

OXYGENATED FUELS ASSOCIATION, INC. Plaintiff, v. George PATAKI, in his capacity as Governor of the State of New York, and Eliot Spitzer, in his capacity as Attorney General for the State of New York, Defendants.

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

May 18, 2001.

Attorney(s) appearing for the Case

Frederick R. Anderson, Geraldine E. Edens, Stephen Chippendale, Mary Randolph Sargent, Cadwalader, Wickersham & Taft, Washington, DC, for Plaintiff.

Carter H. Strickland, Jr., Assistant Attorney General, State of New York, Office of the Attorney General, Environmental Protection Bureau, New York City, for Defendants.

MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

INTRODUCTION

Plaintiff moves for summary judgment under Fed.R.Civ.P. 56 in this action under the Supremacy Clause, U.S. CONST., Art. VI, cl. 2, the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Civil Rights Act, 42 U.S.C. § 1983. The relief sought is authorized by 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. § 1988(b). District Court has jurisdiction pursuant to 28...

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