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LEVY v. ROWLAND

No. 04-CV-2219 DRH WDW.

359 F.Supp.2d 267 (2005)

Steve LEVY, in his Official Capacity as Suffolk County Executive, and the County of Suffolk, Plaintiffs, v. John G. ROWLAND, as Governor of State of Connecticut, the State of Connecticut, Department of Environmental Protection of the State of Connecticut, and Richard Blumenthal, as Attorney General of the State of Connecticut and Arthur J. Rocque, Jr. individually and in his capacity as Commissioner of Department of Environmental Protection, Defendants.

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

March 21, 2005.

Attorney(s) appearing for the Case

Office of the Suffolk County Attorney by William G. Holst, Hauppauge, NY, for Plaintiffs.

State of Connecticut Office of the Attorney General by Sharon Scully, Hartford, CT, for Defendants.

MEMORANDUM OF DECISION AND ORDER

HURLEY, District Judge.

Plaintiffs Steve Levy and the County of Suffolk, New York (collectively "Plaintiffs") commenced this action alleging violations of the Interstate Commerce Clause, the preemption doctrine, and of their civil rights under 42 U.S.C. § 1983. Presently before the Court is Defendants' motion to dismiss the complaint pursuant to Federal Rules of Civil Procedure...

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