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SHERWIN-WILLIAMS CO. v. CROTTY

No. 1:04-CV-185.

334 F.Supp.2d 187 (2004)

SHERWIN-WILLIAMS COMPANY; and National Paint and Coatings Association, Inc., Plaintiffs, v. Erin M. CROTTY, Commissioner of the New York State Department of Environmental Conservation; and Eliot L. Spitzer, Attorney General of the State of New York, Defendants.

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

August 19, 2004.

Attorney(s) appearing for the Case

Nixon, Peabody, LLP, Attorneys for Plaintiffs, Albany, NY, Richard M. Cogen, Esq., Sheri L. Moreno, Esq.

Hon. Eliot L. Spitzer, Attorney General of the State of New York, Attorney for Defendants, Department of Law, Albany, NY, John J. Sipos, Esq., Joseph S. Koczaja, Esq., Asst. Attorneys General, of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiffs Sherwin-Williams Company and National Paint and Coatings Association, Inc. ("plaintiffs") sued Erin Crotty ("Crotty") and Eliot Spitzer (collectively "defendants"), for violating the Clean Air Act (42 U.S.C. §§ 7401-7671q); Commerce Clause and Equal Protection Clause of the...

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